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TO THE HONOIUBLE, 
®I)C Senate aub Sjomt of Kepvesentatit^es \ 

O F T H F. / 

UNITED STATES, IN CONGRESS ASSEMBLED. \ 

\ 

SUPPLEMENTAL PETITION 



or 



MAJOR G. toe H MAN, 

ATTORNEY AND COUNSEL OF THE NEXT OF KIN AND HEIRS ^ 
AT LAW OF GENERAL THADEUS KOSCIUSKO, 

CONTAINING 

A REJOINDER TO THE ANSWER 



Joseph H. Bradley, Esq., "Couusellor, employed by tbe Imperial R us. 
slaii L.egatiou,"-pul)lished iu a pamphlet, entitled " G. Tochmau." 



JAKUAB.Y, 1848. 



^5j|\ fl5-"i'he intelligent reader will please to excuse ilie typographical errors 

'^^" vvliich have accidentally occurred in tins publication 




ee^ 




. i(s r/z 



SUPPLEMENTAli PETITION 

AND 

REJOINDER. 



? the Honorable the Senate and House of Representa' 
iives in Congress Assembled : 

In December, 1847, the Honorable Mr. Talmadge 
^ of New York presented, in the House, my petition, 
pra3^in(T for the passage of an act changing the 
venue for the trial of cases of the next of kin and heirs 
at law of General ^Thadeus Kosciusko, depending in 
the Circuit Court for the District of Columbia — :and 
for such measures, to restrain Mr* de Bodisco, minis- 
ter from Russia, from interfering with my profes- 
sional pursuits, as in the wisdom of your honorable 
body, may seem consistent with the policy of the Uni-r 
ted States ; and, as the honor of their offended sove" 
reignty, may require. 

Soon after, new circumstances transpired : 

Three bills of indictments have been passed by the 
grand jury of the District of Columbia, headed as 
follows : 1st, United States vs. G. Tochman for send- 
ing a challenge. 2d, United States vs. G. Tochman 
for posting and pubhshing Joseph H. Bradley, Esq. 
as a coward, &c. 3d, United States vs. G. Toch- 
man for hbel upon Joseph H. Bradley, Esq. By a 
fourth bill my friend Capt. Schaumburg has been in- 
dicted "for bearing the challenge."* 

Every considerate citizen will greatly regret, that 
my determinate resistance to the efforts of a foreign 
minister to make me feel, in this land of liberty, the 
effect of the penal laws of a foreign power for al- 
ledged political offences, should have resulted in in- 
dicting my friend and myself. This circumstance — - 
seems to deserve some consideration at the hands of 
your honorable body. 

* Bail in the sum of $6,000 was g;iven for my appearance to the officer 
who held the writ to arrest me. The next day my bail and myself were 
summoned to appear in the Criminal Court to extend tiie bail to the next 
term of the Court; and on this occasion we were informed that the Court 
ex officio (without being asked for) reduced the bail to 4,200 dollars. Fouf 
thousand being a bail for the first two cases— 200 for the last. G. T. 



My object, however, in now addressing this hon- 
orable Congress, is, solely to rejoin the " reply" to 
my original petition — which, one of " the Counsellor's 
employed by the Imperial Russian Legation," Mr. 
Bradley, has published in a pamphlet entitled "G. 
Tochman." 

On the first page of that pamphlet, Mr. Bradley, 
reflects upon Mr. Chutkowski's motives in having 
represented himself to him, in 1842, "as one of the 
claimants of the Kosciusko estate." That gentle- 
man being a cousin of the next of kin and heirs at law 
of Gen. Kosciusko, who are entitled to the distribu- 
tion of the estate, I annex hereto translations of sever 
ral letters (marked No. 1, 2, 3, 4, 5) which they ad- 
dressed to him. The contents of these letters are 
well Imown to Mr. Bradley. The perusal of them 
will show his indiscretion and injustice in this respect. 

Special attention is called to the parts of those let- 
ters, within the index, pages 16, 17, 19, 20, 22. 

From charitable regard, I did not state in my ori- 
ginal petition — that, after Messrs. Fendall and Brad- 
ley, accepted the proposition of Mr. de Bodisco, to act 
as " Counsellors employed by the Imperial Russian 
Legation," an attempt was made to impeach my pro- 
fessional character; first — by representing me to 
be incapable of transacting any business (No. 6, 
7.) Subsequently— one of these counsellors, (Mr. Brad- 
ley,) denouncing the preventive measures, which I 
adopted to defeat their plan to supersede my power 
of attorney, to be an unprofessional conduct, (No. 8,) 
moved the Circuit Court of the District of Columbia, to 
expel me from the bar. Upon my answer (No. 9) to 
the libels and charges which that act contains, that 
unwarrantable motion was dismissed by the decision 
of the Court. (No. 10.) 

Although, these most unrighteous and malicious 
attacks upon my professional character were made, 
deliberately, to subserve the political ends of the Rus- 
sian government, and to deprive me, in this country 
of my adoption, even of the means of honest living, I 
have alluded to them solely to make use of the papers 
of those malicious proceedings, — to refute a tissue of 
gross misrepresentations — which the pamphlet pur- 
porting to be a " reply" to my petition, contains. 



It will be seen in the charges (No. 8) that, in that 
paper, Mr. Bradley admitted, that when I made him a 
proposition to lend me professional assistance, "I 
claimed to have a power of attorney from Ignatius 
Chutkowski." Now, in his pamphlet page 1st, he 
says^ "He (meaning I) "had previously desired to 
retain me as counsel for the Estkos— from whom 
he represented himself as having a fiill power of at- 
terney." Aftei* this, Mr. Bradley, exclaims " this 
turns out iiow to be the same power of attorney Mr. 
Chutko\Vski had obtained, as I have stated, in 
1843-" 

This shameless mi:srepresentation,has not been made 
without design. Uponit,Mr. Bradley builds uphrs a rgu- 
ent and attempts to show, that he was never associated 
with me undei* my power of attorney. In his pamphlet, 
page 1st, he says: "He then, (meaning I,) "without 
my knowledge, applied to Mr. Bodisco in a letter, da- 
ted 23d November, 1845, referring him to a letter from 
Mrs. Estko to Mr. Bodisco, dated 6th April, 1844, re- 
questing him to retain me as counsel." And (page 3,) 
he asserts : "It will be seen that I was not,ashe" (mean- 
ing I,) "has asserted, employed by him. I was invited 
to come into the causes by Mr.Fendall, (Mr. Fendall 
acting under the authority of Mr. Bodisco,) and Mr. 
Bodisco, in addition to his general charge, had been 
specially requested by Mrs. K. Estko to retain me, by 
her lettei^of the 6th^ — 10th of April, 1844; an extract 
from which is annexed, marked No. 10." 

The letter of the 23d of November, 1845, was writ- 
ten to Mr. de Bodisco, after an interview referred to 
in my original petition,(page 3.) Its contents will show, 
that allowances, (upon which Mr. Bradley attempts to 
rest his authority,) were made by courtesy, and from 
motives stated in the original petition. Let that 
letter speak for itself; its copy is hereto annexed 
(No. 11.) 

The " general charge," which Mr. Bradley assigns 
to Mr. de Bodisco, is a fiction of his own invention. In 
my original petition, page 30, will be found authorities 
cited, which conclusively show that a foreign minis- 
ter, in his ministerial capacity, has no right (nor from 



|)t)Iitical hlotives of nations, can he be pennitted) to 
interfere in the private causes of the subjects of the 
country of which he is a diplomatic representative, de- 
pending in the tribunals of the country to which he is 
sent. 

Mr. de Bodisco, it is true, assumes to claim an au- 
thority for the Imperial Russian Legation, under some 
powers, which he says were transmitted by the Estko 
family to his predecessor in office, the late Baron de 
Thuye — some twenty-six or twenty-seven years ago. 
This he asserts, in his memorial in my original peti- 
tion marked (O.) But those powers have never been 
produced. I believe they consist of an authority which 
the tutors and guardians of Estkos, — then minors — 
gave to the late Baron de Thuye, to retain a counsel, 
(page 2, of my original petition.) Mr. de Bodisco, 
not being a lawyer may think, and, as appears from 
his memorial, believes, that he has inherited that au- 
thority from the late Baron de Thuye, and that now 
the Estkos, who have attained full age, and act for 
themselves, have no right to control their business in 
this country. This assumption of Mr. de Bodisco, 
may be consistant with the principles of his govern- 
ment: — he may think them expedient too — to enable 
him to extend to me, in this country, the effect of the 
penal laws of Russia, for alledged political offences. 
Nay, it is usual for that government to sacrafice eve- 
ry principle of common sense, to attain its political 
ends. I hope, however, that Mr. Bradley (whom his 
colleague, Mr. Fendall, so highly recommends, as one 
of the ablest and most learned lawyers of the United 
States,) would not fancy that he could deduce the 
" general charge" which he allots to Mr. de Bodisco, 
from the principles just alluded to. Yet, Mr. Brad- 
ley has not brought in his " reply" any argument to 
show, upon what other "authority" that "general 
charge" of Mr. de Bodisco, rests. 

Neither had, Mr. de Bodisco, any special authority 
to retain Mr. Bradley as counsel. From the letter 
(marked No. 3, page 17,) has been seen that, in 1843, at 
the suggestion of Mr. Chutkowski, Mr. de Bodisco was 
requested, byMrs. Estko, to give that gentleman protec- 
tion"in their causes." Mr. de Bodisco, in virtue of that 
request, referred Mr. Chutkowski to Mr. Fendall, to 



whom he had intrusted the papers of the heirs, after 
the death of Messrs. Swann and Sampson — as stated 
in my original petition, pages 2 and 3. Mr. Fendall, 
and his then associate, Mr. Bayard Smith, disregard- 
ed Mr. Chutkowski's apphcations, (although he had 
then a general power of attorney, with a power to re- 
tain such counsel as he might have chosen.) This com- 
pelled Mr. Chutkowski to request his cousins, to beg 
Mr. de Bodisco to join him in retaining Messrs. Coxe 
& Bradley, in the place of Messrs. Fendall and Smith. — 
They complied with his request, and Mrs. Estko wrote 
to Mr. de Bodisco the letter of the 6th of April, 1844. 
Had, Mr. Bradley, published in his pamphlet the wliole 
of that letter, this explanation would have been un- 
necessary. But, Mr. Bradley, thought himself author- 
ized to curtail that letter,and published only as much of 
it as was necessary to support his assumed position. 
I make no conmients upon this novel mode of build- 
ing up a power of attorney : but I annex a copy of 
the e7itire letter, taken from the files of the Orphans* 
Court for the District of Columbia : — it is marked (No. 
12.) The part which Mr. Bradley omitted in his pam- 
phlet, is, within the index, and I beg your honorable 
body to consider it conjointly with the letter marked 
(No. 13,) especially with its part printed in italics. 

Moreover, Mr. de Bodisco did not make use of the 
power which that letter gave him ; he answered Mrs. 
Estko by a letter dated 4th May, 1845, "Your cousin 
Chutkowski, employed Coxe and Bradley to plead his 
own pretentions ; having learned that he has nothing to 
expect, he left Washington — and I do not know 
where he is now. The lawyers heretofore men- 
tioned (this relates to Messrs. Coxe and Bradley) are 
very respectable gentlemen, but by no means prefera- 
ble to Messrs. Fendall and Bayard Smith."* 

Here your Honors see, that the imputation of dis- 
honesty to Mr. Chutkowski— is the same which Mr. 
Bradley has reiterated in his pamphlet. It met with 
the following answer from Mrs. Estko. "Our cousin, 
Mr. Chutkowski, has given us proofs of hi£ attach- 

* Votre cousin Chutkowski; avait pris Cflxe et Bradley pour fair valoir 
ses propres pretentions ; quand il a su qu' iln' y avait lien a esperer pour 
lui, il a quite Washington et j' ignore on il se trouve, Les avocats sous 
menliones sont des gens tres respectables, niais nulIeiBt;nt preferabies a 
Messrs. Fendall et Bayard Smith."' CBodisco.j 



ment and loyalty, — he recommends to us for our 
counsel Mr. Tochman of New York."* Mrs. Estko 
concluded that answer, by requesting Mr. de Bodis- 
co to deliver up their papers to Mr. Chutkowski, 
whom she directed to transmit them to myself. 
A copy of that letter, and of two others re- 
lating to this subject have been annexed to the ori- 
ginal petition, and will be found there pages 23, 24, 
25 ; they are marked (A, B, C.) So much then, for 
Mr. Bradley's asserting that lie came " into the 
causes under the special authority of Mr. de Bodisco, 
and in virtue of the (falsely curtailed by him) letter 
of Mrs. Estko, dated, the 6th-10th of April 1844. 

Messrs. Fendall and Bradley, in their anxiety to sus- 
tain the position which they have assumed in order to 
aid, Mr. de Bodisco, in his political efforts to crush my 
professional character in this country, assert, that the 
agreement referred to and marked (D) in my original 
petition, "was made with the distinct understanding 
between them and myself — that I could not be recog- 
nized by Mr. de Bodisco as counsel, but that they 
would consider me as such." This is denied ; and, 
to show the fallacy of this assertion, your Honors 
are' referred again to the act of charges (marked No. 8.) 
In that act page 25, Mr. Bradley says, "shortly after 
this (meaning soon after my application to him to asso- 
ciate with me) an arrangement was made between 
the said Tochman, Mr. Fendall and myself, which 
was reduced to writing ;" — ^^And then he says — " to 
carry more fully into effect that agreement, an effort 
was made to open a correspondence with the families 
claiming the estate of Kosciusko, through Mr. Bo- 
disco, the Russian minister. DCTife at once objected 
thatTochman being a Russian subject who exiled himself 
for alledged palitical qfences^ it was not possible for 
him, the minister of that government to recognize 
him in any official despatch, or to treat with him."^j2II 

How, after the foregoing statement made, ten 
months ago, in an act filed in the Court, the counsel- 
lors of the Imperial Legation, could have made an 

t Noire cousin, Mr. Chutk»wski, nous a donne des preuves de son de- 
voiienieiit et de sa loyaute, — il nous recommande pour avcat Mr. ToehtnaQ 
de New York. 

rCallieiine Estko. ^ 



entirely different statement of the same transaction, 
in the " reply" to my appeal to your iionorable body 
for protection — is a no\ elty, even, in pleading a bad 
cause. 

The assertion that one of the powers of attorney, 
(which Messrs. Fendall and Bradley prepared in their 
name, and which Mr. de Bodisco sent to St. Peters- 
burg to get the^signatures of my ckents,) was read to 
me, — is on a par with the other assertions, already 
refuted. I learned that those powers had been sent 
.to St. Petersburg, eight months after they were sent, 
ajnd this brought me to Washington to watch the 
movements of my, then, associates, and to take those 
preventive measures to defeat their unfair design to 
wrong me^ which have been stated in my original 
petition. 

The notice in the National Intelligencer complained 
of by the Imperial Counsellors, was published at my 
request — and its contents show only that I never con- 
sidered myself to be associated with Messrs. Fendall 
and Bradley, in the manner they now represent ; nor 
did I consider myself for a moment, to be their trans- 
lator, &c. 

Thus much has been necessary to say, to show to 
your honorable body, that Mr. de Bodisco never had 
any authority, from the parties in interest, to manage 
or control their causes in this country, and that he un- 
dertook to interfere with my professional pursuits, as 
stated in my original petition, from political motives, to 
enable him to visit upon me, in this country, the penal 
laws of Russia, for alledged political offences, by taking 
out of my hands the legal business lohich my former 
countrymen, the next of kin of General Kosciusko, en- 
trusted to my care. His memorial, a copy of which 
is annexed to my original petition, and marked there- 
in (O,) — and the admissions of Mr. Bradley made in the 
charges against me, which are annexed to this rejoin- 
der, and marked (No. 8,) are conclusive evidences — to 
which I appeal in support of my allegations in this res- 
pect. The futility of the statements of the Imperial 
Counsellors, who now endeavor to lessen the weight 
of those proofs, is, too self-evident to need any further 
comments. 



Your honoralile body will, however, please to in- 
dulge me while I proceed yet further, to refute reflec- 
tions upon my character,wliich the " Counsellors of the 
Imperial Legation" deemed themselves licensed to 
make. These libels and slanders, are not, the fruits of 
a personal controversy between Messrs. Fendall, Brad^ 
ley and myself. They, are, a part of the contrivance 
arranged to serve ^le political ends of ^, foreign power. 
They cannot be separated from the subject, constitu-^ 
tionally, before your honorable body. It is therefore 
incumbent upon me to expose their character. 

It seems to Mr. Bradley very strange,that I "smiled" 
during my intercourse held with him- — at the very 
time when I petitioned the President to protect my 
rights and privileges, and when I wrote to Mr. de 
Bodisco, expostulating with him upon the impropriety 
of his measures, &c. In answer to his censure in this 
respect, I have only to say, that should it be my mis- 
fortune to meet with Mr. Bradley again, I will neither 
frown nor change a demeanor, which becomes a gen-^ 
tleman. I have never been accustomed to use epithets 
nor the language, like those, by which Mr. Bradley 
has distinguished himself. 

In answer to the declaration of Messrs. Fendall 
and Bradley, that Mr. de Bodisco never interferred 
with their professional business, &;c., I say, that I 
have never charged him with any such thing. I ask 
the protection of Congress against his interference 
with my own professional pursuits, — my rights, and 
my priveleges as an American citizen. 

In answer to the charge, that I caused to have pub- 
lished in the New- York papers, a notice to the effect-^ 
" that Mr. de Bodisco endeavored to cause the arrest 
of that man Tochman," I annex hereto exhibits (mark- 
ed No. 14, 15.) Further remarks as to this malicious 
charge, are not necessary. 

The Imperial Counsellors, distorting the motives 
which led me to take defensive measures against 
them, attribute those measures to dishonest intentions 
on my part, — " the pear was ripe," they say — and I 
wrote to Mr. de Bodisco, concluding with an " over- 
ture, (?)" 

"The pear was ripe," since I found out that the will of 
1816, which Gen. Kosciusko made in Switzerland, con- 



tains a clause revoking the two wills which were set 
forth against the heirs, for twenty-eight years past, to 
bar their claim to the estate.* That clause had been 
found put by me, soon after the agreement by which 
we associated, in November 1845; and in January 
1846,the powers of attorney ,intended to supersede me, 
were forwarded to St. Petersburg to obtain the signa- 
tures from my clients,through the coercive measures of 
the Russian government. Two years have passed 
and my clients have not signed those powers or attor- 
ney ; — further remarks in this respect are unnecessary. 
Nor, has any answer been given to the counsellors of 
the Imperial Legation to the letters, which they wrote 
to my clients eleven months ago, slandering me and 
concluding : DC?"" If, however, it should be your wish 
that Mr. Bradley and myself should act for you, you 
have no time to lose in executing and transmitting to Mr. 
de Bodisco the powers of attorney which he sent yon."* 
What / wrote on this subject to the heirs about the 
same time, will appear from the translations of letters 
(marked No. 1 6, 17.) If all this, is not enough to show 
to whom with more propriety ,the unfair insinuation 
of " the pear was ripe," with all its meaning, can be 
applied— the letter which is (marked No. 18,) will,Ihope, 
satisfy in this respect the warmest supporters of those 
who slander me. The letter referred to, comes from a 
friend, who, was requested by me to propose to Col. 
Bomford a compromise. I publish it in self-defence of 
my integrity and good name, — and call attention to its 
parts printed in italics. My answer to that letter is also 
annexed hereto, and (marked No. 19;) it will show the 
futility of Mr. Fendall's comments upon the statements 
which I made, in referrence to the effects of the will of 
1816, in a letter to Mr. de Bodisco, dated February 
18, 1847. 

The animadverting remarks,relating to the "Bill Quia 
Timet," as well as to my signing thereto the name of 
Mr. Bradley, without his consent, have been refuted in 
my answer to the charges (No. 9, page 29, 30.) For 

♦The existance of that will became known to the counsel of the heirs, who 
preceeded me, from the papers of the late B. L.Lear, the former administrator 
of Kosciusko's estate, (8, Peters' Rep: 72, 74.)It was however, never produ- 
ced in court, nor made use of, in behalf of the heirs, previous to my taking 
charge of their suits. The heirs learned its existance from myself. 

* Mr. Fendall's letter to Mrs. Estko, of February 23, 1847. G. T. 

3 



10 

the better understanding of the character of these 
animadversions, I annex hereto a copy of the "^i// 
Quia Timet,'''' together with a translation of a letter 
which was written to my clients, in this respect. (No. 
20, 21.) 

How far the boastful allegation concerning the act 
of Congress enlarging the powers of the Orphan's 
Court, is to be credited-^-a copy of my letter ad- 
dressed to the lion. Mr. McHenry, then a member of 
the committee for the District of Columbia, will show 
(No. 22.) To this I have only to add, that in a fortnight 
after my coming to Washington, that act passed both 
Houses, obtained the signature of the President, and 
on the day the President signed it, its examplifi cation 
was handed by me to Mr. Bradley, with a request to 
proceed against the administrator to obtain new se- 
curity; after which, I left Washington for New York. 
All this took place in February 1846. Mr. Bradley's 
letter (marked No. 23) will show that nothing was done 
until May,and this too, after my repeated letters to him. 

That letter, and others marked (No. 24 25 26 27,) 
will show how incorrect Mr. Fendall's statement, is,that 
I had no part in the proceedings. Of a like charac- 
ter too, is his allegation that the will of 1816 was obtain- 
ed,from France,under the direct instruction of Mr. Brad- 
ley. I, of course, relied much and with full confidence 
upon the advices of Mr. Bradley^ until I received infor- 
mation that he had confederated against me with Mr. 
de Bodisco. How much I was deceived, will presently be 
seen. Messrs. Fendall and Bradley told me, that the ex- 
amplification of the will of 1816, must be taken by a 
commission to be issued by the Court, and sent out to 
France. Believing that, as they said, the general or com- 
mon law, in this respect, had not been changed in this 
part of the Union, I gave Mr. Bradley the names of pro- 
posed commissioners, in February 1846. He pro- 
mised me to issue, and send out to France, that com- 
mission, immediately. How he acquitted himself, in 
this respect, the letters heretefore refered to (No. 23, 
24,) show. Nothing was done to obtain the exam- 
plification of that will, until the conspiring of my then 
associates with Mr. de Bodisco, compelled me to at* 
tend, personally, to the further proceedings. In Juiie 



11 

or July, 1846, I found out that the common 
law rule, as to taking examplifications of wills 
deposited for safe keeping abroad, had been changed 
by the Statute of Maryland of 1T85, chap. 46, 
which, is binding in the District of Columbia. 
Immediately, after that, I wrote to my corres- 
pondent to France — and, he sent me the examphfica- 
tion of said will, taken pursuant to the forms pre- 
scribed and required by that statute. Messrs. Fen- 
dall and Bradley heard of it — when I invited them as 
my, then, associates, to join me in the proceedings to 
have that will recorded in the Orphan's Court, as the 
law requires. 

Messrs Fendall and Bradley say : " In the progress 
of his controversy with us, he has read in open court, 
confidential letters addressed to him by the counsel 
associated with him, on the most delicate points of the 
case, and has even filed these letters in court, for the 
information of the adversary — thus utterly disregard- 
ing, in the pursuit of personal interest and feelings, the 
plainest dictates of professional duty." Mr. Bradley 
then, adds; ^'there can be no doubt that this led to our 
losing a most important point of our case" — ^(meaning 
Armstrong's case, the overruling of which has been re- 
ferred to in my original petition,pages 6, 7 and 8.) In an- 
swer to these unfair charges, I appeal to the correspon-- 
dence alluded to. It is the same which has been,already, 
referred to in this rejoinder, and which is marked (No. 
23,24,25,26,27.) It discloses,certainly,the unfairness of 
Mr. Bradley,in dealing with me: — and it was,as it is now 
produced and appealed to, in self-defence, to refute that 
unfairness. As to Armstrong's case, it was "lost," be^ 
cause of Mr. Bradley's having omitted to aver in the 
Bill of Review, that the existance of the will of 1816, 
was not known to the heirs before the date of the de- 
cree &c., as will more fully appear from the letter which 
the Hon. Reverdy Johnson addressed to me — as well 
as from the supplemental and amended Bill of Review, 
which said Hon. Reverdy Johnson and myself pre* 
sented to the Court, in this respect, (No. 28, 29.) 

Mr. Bradley has pubhshed in his pamphlet, a num- 
ber of letters from his warm friends and from his stu- 
dents-at-lawj to prove the insults offered me, which had, 



1^ 

already ,been proved by his own letters published in the 
" Expose" of his conduct towards me. It is immaterial 
what words, precisely, have been used by me in reply to 
the insults and epithets; or whether he, who was be- 
tween Mr. Bradley and myself, when he assaulted 
me in the court, was a marshall, or a deputy marshal!, 
or another officer. The material fact is, who, was on 
the defensive? The whole transaction in the pre- 
mises, as well as the tenor of those letters, (although 
they differ greatly one from another in the manner 
of stating what then occurred,) seem to me to show , 
that I was. The only new fact, which has been 
now disclosed, is, that Mr. Bradley, seems to have 
had a premeditated plan to assault and insult me, 
in order to lessen me in the estimation of public 
opinion, if I did not defend my Jionor, — and to have 
me indited if I did defend it. He has succeeded in the 
latter, — and the last steamer has, already, carried the 
news of his triumph to St. Petersburg, to trumpet it 
all over Poland, as a victory of Mr. de Bodisco over 
'• the rebel Major G. Tochman." — in America! 

The airs and high ground which Mr. Bradley assumes 
to excuse his conduct towards me in the court, deserve 
no notice ; this subject having been finally settled, in 
another place. 

Thus much, I have been compelled to encroach upon 
the time of your honorable body. The only apology 
I can offer, is, that the case before you is not of a pri- 
vate character. Your constitution, — ^your laws, — the 
principles of international law — are attempted to be 
trampled upon by a foreign power — as well as my per- 
sonal rights and privileges as a naturalized citizen of 
these United States. It is a case concerning the sov- 
ereignty of the people which you represent. In such 
a case, I could not say too much ; and I, respect- 
fully, pray your honorable Congress to consider this 
rejoinder with my original petition theretofore referedto. 
I have the honor to be with the highest considera- 
tion. 

Your obedient servant, 

G. TOCHMAN. 
Washington, January 8, 1848. 



13 



EXHIBITS 



No. I. 

{Translated from the Polish.) 

SiECHNowiczE, October 10, 3842. 

Good Cousin : 

Your letter of the 9th of August, from Wash- 
ington, reached me on the first day of October ; this is the answer 
thereto. In the first place, you are right in complaining against 
some expressions of Hippolitus Estko,but permit me to state how 
it happened : — 

Before you commenced corresponding with us, we were told 
that two Poles being in America, claimed our succession which 
General Kosciusko left after him. Being ignorant of the true 
state of things, we took you and Klimkiewicz, for usurpers of our 
property. For this reason, Hippolitus Estko wrote to General 
Kniaziewicz about it, and expressed himself in regard to the matter 
as he thought of it ; and General Kniaziewicz handed the letter to 
the American Consul at Paris. 

In two weeks after, we received your letter, my dear cousin, in- 
forming us of the whole matter concerning this suit, and of the con- 
trivance of Klimkiewicz. Whereupon we immediately changed 
our opinion with regard to you, and with full respect, which we 
have conceived since for you, we acknowledge our gratitude to 
you for having taken the defence of our interest against the in- 
trigues of Mr. Klimkiewicz. Since then, we consider Mr. Klim- 
kiewicz only, to be the imposter; and as for you, we are thankful 
to God for having made us known a cousin, who steped forward 
in defence of our cause. We have subsequently learned from a 
citizen, a very old man, who is still living, and who was personal- 
ly acquainted with your grandfather and your grandmother, that 
Margaret Kosciusko was married to Chutkowski your grandfather, 
and that you are their lineal desendant, and consequently a rela- 
tive of General Kosciusko. But we are the lineal descendants of 
the full sister of General Kosciusko, who had two sisters and one 
brother. His brother departed this life without issue. One of 
the full sisters of General Kosciusko was married to Zolkowski, 
and the other to Estko : this last, was the mother of my husband 



14 

Thadeus, and also of Stanislaus Estko. Hippolitus Estko is the 
son of Stanislaus. Thadeus, my husband, had with me — and left 
Itomanus, son. and Louisa, daughter, who married Charles Nar- 
butt; and these three persons, descending from the sister of Gen- 
eral Kosciusko, their grandmother, are his next of kin. The family 
of Zoikowskis goes in the same line with us, as descending from 
the second sister of the General. 

I have described this genealogy, that you may know in what 
<legree we are i elated to General Kosciusko: all which we are 
ready to prove. Now, as you, my dear cousin, are descendant from 
the aunt's line, you will at once acknowledge, that our branch is 
nearer related to General Kosciusko than your's. 

We do not mean, in making this statement, to impress upon 
you a belief, that we are desirous to set you aside from the re- 
muneration we owe jointly to you, — on the contrary we wish to 
assure you, that it will be agreable to show to you our acknowl- 
edgement. To demonstrate our full confidence, which we have 
in yoH, we will send you, in a short time, a power of attorney le- 
gally made, and authorize you thereby to act for us in this busi- 
ness, and we will secure to you one tenth part of the funds, and of 
the real estate, from Estko's part, after deducting therefrom the le- 
gal expenses and costs. I give you the word of honor, that when 
you ask for, we will send you a formal deed securing it, too-e- 
ther with the power of attorney. Please then to defend our right 
as you have commenced, and rely upon me, you will not be left 
without due remuneration. According to your suggestion, we 
have collected testimony of six witnesses, all of whom are old per- 
sons, who personally knew the whole family of Kosciusko. They 
have already made depositions under oath, which we will send to 
you, together with the decree of the Genealogical Commission ; it 
will contain the genealogical description of the whole family, who 
have right to the succession which General Koscuisko left. It will 
be attested by all our authorities, and by the Ameiican Consul at 
St. Petersburg. It is a very troublesome business, and requires a 
long time to do all this ; bjt there is nothing more that we could 
add to make our proofs stronger. Having already waited for 
sevcBteen years, we must wait a little longer to recover what is 
due to us. 

As General Kosciusko rendered signal services to the United 
States of North America, if any remembrance thereof has beet* 
preserved in the hearts and magnanimity of that nation, it would 
be difHcult to believe that the" Americans should bar the claim of 
his next of kin, and deliver the succession to such an adventurer 
as Klimkiewicz, is 

We think of going (one of us) to America, butbefore we do it, 
we will send you the pow^r of attorney. We rely on you, dear 
cousin, and trusting in the integrity of the judiciary of the noble 
American nation, we hope our interest will not suffer. 

We have not yet opened any communication with your father, 
as neither he nor you are entitled to the distribution of the estate— 
but if you desire, we will write to him ; — we will inform him o( all, 
and will ask him to write to you, and if he does so, we will for- 
ward to you his letter. 

I conclude the letter, ray dear cousin,begging you to accept the 



15 

assurance of esleem and friendship, and praying that God may 
please to help you, in the way of honor which you follow. I am 
your well-wishing cousin and servant. 

(Signed.) CATHARINE ESTKO, 

Widow of TlIADEUS EsTKO. 

p. S. Should it be necessary to prove, on oath, the authenticity 
of our papers, you can do it for me. Being 65 years old and stand- 
ing on the verge of the grave, I certainly would not give my con- 
science for all the worldly treasures. Please, also to inform us 
what is the vf lue of the dollars of which you wrote to us — we are 
told that there are two kinds of dollars. 

The weakness of my sight, compelled me to employ another per- 
son's hand to wright to you. I beg you to inform us also, what 
means an acre of land? and what revenue can the land produce, 
you speak of? I hope you have received the letter from my son 
which he wrote to you two weeks since. 

As you may be in need of funds to cover the expenses arising 
from the business, we authorize you to take ^200 out of the accu- 
mulated interest, if they will pay it to you, counting at the rate of 
eight Polish florins to the dollar, according to your statement. — 
And should it be difficult to obtain it from the Government, we 
authorize you to borrow the sum on our account. We shall pay 
this debt out of the first receipt of the capital due us. 

(Signed.) Catharine Estko. 

Washington, March 23d, 1847. 

I hereby certify that the foregoing is a true copy of the original 
letter written in the Polish language and translated by me into 
the English. Stephen J. Dallas. 



NO. 2. 

( Translated from the Polish.) 

SiECHNowiczE, March 6, 1843. 

Mr. Ignatius Chutkowski. 

Dear Cousin : We received, very late, your letter of the 
3d of December, it reached us in three months after its 
date; this is intended as an answer to it. I see from your letter 
that our letter dated the 30th of October, 1842, mailed at the post 
office of Brzesc, had not reached your hands. In said letter we 
secured to you one tenth part of the money and one halt of the land 
which we shall recover, after deducting therefrom the costs of the 
suit. Hereafter we will send you, through the medium of ourgover- 
ment, a formal security therefor, together with other papers. 

We have, already, six depositions of witnesses who were cotem- 
porary with General Kosciusko, and who knew well the whole 
family, and who testify that there were no more brothers nor sis- 
ters when Thadeus Kosciusko died, besides his two sisters: the 
older sister, Ann, who was married to the grandfather of my chil- 
dren, Peter Estko; and the younger sister, Catharine, was married 
Charles Zolkovvski. We will also send you a decree of genealo- 
gy of the family, authenticated by our authorities, which will be 
conclusive in showing that Klimkiewicz has not the least right to 
the succession. But as our forms require much time, and Zol- 



16 

kowskis have not yet collected their family papers to support their 
wenealogy (although our's are all ready) i cannot say positivejy 
how soon we will be able to send it. ^In the meantime we 
send you the power of attorney, authorizing you to proceed in our 
name, viz : In the name of Estko's branch ; it is signed by three 
persons only, who are the descendants of Ann Kosciusko; viz: 
Hippolitus Estko, son of Slanislus Estko, for whom I signed itby 
virtue of the assignment which he made to me, and which some- 
time ao-o was sent to America, together with the other papers. — 
The second person who signed the power oi attorney is my 
son Romanus, whose father's name was Thadeus; and the third 
person is Louisa, born Estko, Narbutt, my daughter. My second 
daughter Martina, is dead; the certifiate of her birth is among the 
papers and certiliates which we had formerly sent to America; she 
died unmanied; the certificate of her death will be annexed to 
the decree of genealogy. 

We have concluded to obtain the decree here, in order to short- 
en and set forth clearly the description of our genealogy, 
and to avoid sending large volumes of papers in foreign language;*, 
which might embarrass your judiciary, and greatly increase the 
costs of translation, and transmission thereof. 

The family of Kosciusko, who addressed His Excellency the 
President, John Tyler, have as much right to the succession as 
Klimkiewicz, as according to our laws, the succession does not 
fall upon those bearing the same name of the famil5^ but it does 
upon the nearest next of kin. But as they addressed His Excellen- 
cy the President of the United States, we write to him also, beg- 
ing his protection to stop the proceedings in the case, until we 
send the papers. 

I believe, that Klimkiewicz is desirous to press the suit to 
get hold of our property by means he has contrived ; we 
(who have been waiting for its final decision for so many years,) 
ask, now, only for further time to complete our evidences. 
I wrote to your father informing him of this whole affair, and 
asked him to transmit his letter, which he may write t.j you, oa 
our hands, in order that we might forward it to you, but until now 
we have received no answer from him. 

Should our power of attorney be informal according to your laws, 
we will send another^ together with the papers, such as may be 
required. 

As to the heirs of the branch of Zolkowski, they are scattered 
throughout Lithuania, and they live so lar from us, that it would 
take much time to get their signatures thereto. We have conclu- 
ded to send ours, that you may have authority, at least from one 
branch, as soon as possible. 

My dear cousin, please address your letters through Warsaw, 
Brzesc in Lithuania, Kobryn — at Siechnowicze. Grodno is out of 
the way, and for this reason your letters do not reach us iu due 
time. We close this letter begging you, my dear cousin, to accept 
the assurance of our respect, and of our best wishes. 
Your obedient servants, 
(Signed,) CATIIAUINE ESTKO, 

(Signed,) ROMANUS ESTKO, 

(Signed,) LOUISA(born Estko.) NARBUTT. 

p. S. Wc beg you to seal the letter to His Excclleitcy the Pre- 



17 

sident of the United States, and address the same to him, as we 
do not know what is his proper title. 

Certificate of the Police Officer, granting a free passage out 
of the country, to the foregoing letter : 

Before mailing of this letter, Mr. Estko exhibited it to me, in 
order to assure me that there was nothing in its contents which 
was contrary to the laws of the land, respecting foreign corres- 
pondence ; and that it relates to an affair concerning his family in- 
heritance. On the perusal of said letter, I found it to be entitled 
to a free passage to a foreign land, and do hereby certify the same. 

Done in the Parish of Kobryn, this 6th day of March, 1843. 

(Signed,) OMCHIMOWICZ. 

THE GENEALOGY OF THE FAMILY OF ESTKOS. 

Ann Kosciusko, was married to Peter Esiko. 
o c Vc^i.^c . S Stanislaus — who left was Hippolitus, son. 

Sons of Estkos . | Thadeus-who left Romanus, son-and 

two daughters. \ Martina,who died without issue. 
" ( Louisa, married to JNarbutt. 

Thus Ann Estko was the grandmother of Hippolitus Estko, Ro- 
manus Estko, and of Louisa Narbutt. 

Washimgton, D. C, February 8, 1847. 
I hereby certify that the foregoing document is a true copy of 
the original written in the Polish and Russian languages, from 
which I have translated into the English. 

STEPHEN J. DALLAS. 



No. 3. 

SiECHNowiczE, March 20, 1843. 
Mr. Ignatius Chutkowski, ) 

Washington City, D. C, U. S. of A. ^ 

Dear Cousin : We received your first letter of the 3d 
of October, 1842, and we answered it without delay, in which we 
enclosed the power of attorney in your name, together with a let- 
ter to the President of the United States of America. A week af- 
ter sending it, we received your second letter of the 21st of Jan- 
uary, 1843, ^f* and agreeably to your request, I write once 
more to the Russian Minister at Washington, beging his protec- 
tion in our cause, and informing him how it now stands. I state 
that you will give him further information. I do not seal it, ia 
order that you may read it, and conclude whether it is necessary 
to hand it to him. If you conclude to deliver it to him, please to 
envelope the same and put his address thereon, as I have never 
written to such high personages, consequently, am ignorant of 
their titles, c^ 

We have not received from the American government the in- 
terrogatories which you referred to in your first letter; we 



18 

should be surprised, should they dispose of the monej's and of 
the land, without first hearing what we have to say in this re- 
spect. 

I see that you have not received my second letter which I wrote 
after the letter of Romanus, I see also, that you have not received 
the certificate of the Marshal of the Gubernia, (Government,) in 
which he testifies, upon the authority of the papers filed in the 
Genealogical Deputation, that General Kosciusko left only two 
sisters ; Ann, who was iiiarried to Eslko the father of my husband ; 
and Catharine, who was married to Zolkowski ; and that the two 
families are the nearest next of kin of Gensral Kosciusko. He 
says therein, that he gave that certificate as the presiding oflicer 
of the nobility of the Department of Grodno, to be made use of, 
until the Deputation shall give its final decree in reference to tiie 
genealogy of Kosciusko's family. I fear the last letters are inter- 
cepted by the unworthy Klimkiewicz. Unfortunately, Romanus, 
for many unforseen reasons, and especially on account of his bad 
health, will not be able to unite with you; therefore, defend our 
claim yourself, and one tenth part of the amount recovered will be 
yours — we promise it to you solemnly. Should the American au- 
thorities be disposed to take the fund from the lawful heirs, please 
to present our claim thereto as of creditors. Our vouchers are 
among the papers which we formerly sent to America; they will 
show that Gen. Kosciusko died indebted to Estkos in the sum oF 
130,000 florins,as is explained in the account recorded in our courts, 
the deed of mortgage of Siechnowicze, and the receipts for money 
paid for him in our country ; all which papers are amongst those 
before mentioned. 

I am very sorry that I cannot give you any information of your 
father. I wrote to him and informed him of all details. I reques- 
ted him to write to you and to transmit the letter to me, so that I 
could send it to you, but I received no answer from him. 

Please to inform us with whom is your father connected in any 
business, and 1 will try to find him out, by addressing myself to 
such a person. 

I repeat what I wrote in my first letter, that besides the decree 
of the Deputation, we have a deposition of six witnesses, old men, 
who knew personally General Kosciusko — they were examined 
under oath, and proved our relationship. 

Believe me, that with full confidence and respect, I am your 
well-wishing cousin, and most obedient servant, 

(Signed,) CATHARINE (born Sachowicz) ESTKO. 

P. S. Write always under the envelope addressed to Romanus 
Estko. 

Washington, D. C, February 4:, 1847. 

1 hereby certify that the foregoing is a true and correct copy of 
the original letter written in the Polish language and translated 
into the English by me. STEPHEN J. DALLAS. 



19 
NO. 4, 

( Translated from the Polish.) 
Mr. Ignatius Chutkowski, ? Lembeug, Jw/y 15, 1844. 

Washington, D. C. ^ 

Sir: You will be surprised at receiving so late this an- 
swer to your letter of the 6th of August, 1842, but it is no more 
than four months since it reached me, and I have concluded to 
answer it from Galicia, where I possess real estate. 

i0^l will commence by apologyzing for my letter which I wrote 
to General Kniaziewicz, and I expect that you will excuse it. — 
General Kniaziewicz informed me in general terms of the contri- 
vance of Klimkiewicz, and mentioned that you are also making 
some exertions, not stating the nature thereof. I answered him 
tliereii^on in general terms ; but a further examination of the sub- 
ject, and your letters, convinced me fully of your disinterested- 
ness, and your nobleness and integrity in the whole affair.<^ 

I deem it my duty to inform you, why we could not send the 
necessary papers, and a new power of attorney to you. You are 
aware that General Kosciusko had two sisters and a brother, to wit; 
Ann (by marriage) Estko, Catharine (by marriage) Zolkowski, and 
brother Joseph. It wa'S necessary to prove here, first : — that Jo- 
seph died without issue; — secondly, to prove that we are lineal 
descendants of Ann Estko ; and thirdly, to open a communicatioa 
with the heirs of Catharine Zolkowski, in order that we could act 
conjointly. 

In regard to the first : Joseph Kosciusko died in the village of 
Dolholisce formerly domain of Estkos,in the department of Brzesc, 
in Lithuania, now situate in the department of Podlasie, in the 
kingdom of Poland. We have already proved, that Joseph 
Kosciusko died without issue, and that his heirs vvere his two sis- 
ters ; wherefrom it follows, that the succession which General Ko- 
ciusko left after him, falls upon his two sisters; viz: Ann, by 
marriage, Estko ; and Catharine, by marriage, Zolkowski. I have 
sent all these evidences, duly authenticated, to Romanus Estko, 
son of Catharine Estko, with whom you have had correspondence. 
It was necessary, then, to find out the heirs of Catharine Zolkow- 
ski, which has been accomplished by my cousin Romanus; all 
of them executed a power of attorney in the name of Mr. Bycho- 
wiec, authorizing him to act conjointly with my cousin Romanus 
Estko, My cousin having informed me that he had consulted 
with the heirs of Zolkowski, and that they retained for their at- 
torney Mr. Bychowiec, 1 advised, that he, in the name of the branch 
ofEstkos,and Mr. Bychowiec in the name of the branch of Zolkow- 
skis, should file a petition, praying the authentication of the evi- 
dences, and that thus authenticated by the Civil Governor, the 
Minister of the Home Department, and the Ambassador of the 
United States, they should send them to you to Washington, with 
a request, that you please to take under your charge, our business. 
I intimated to my cousin, that it would be best that each branch 
make separate exersions, and if the attorney of Zolkowski's branch 
shall agree to execute a power of attorney in your name, that then 
we shall act conjointly, if not, let each branch claim its share se- 
parately ill America. I supported my suggestion upon our laws. 



20 



as well as on those of France and England, and which last I think 
must be the source of the laws in America. I believe that when 
It will be proved that there are only two branches, viz- Estko's 
and Zolkowski's, and that there are no more heirs, then each 
branch can claim its own portion without regard, whether the other 
branch is active or not. 

The proposition did not please my brother, (cousin) who, rely- 
ing strictly upon the Russian laws, thought that each branch cannot 
separately claim its portion, but that boih should act together. On 
this ground he presented a petition conjointly with Mr Bycho- 
wiec, praying for the legalization of the evidences, and when it 
came to pay the costs, the other branch withdrew, and the whoje 
burthen <ell upon my cousin. In order that you might have some 
Idea how difficult it is to make any researches of papera in the 
Kussian Empire, I must give you a short descripJion of it • . 

Every evidence of whatever date it may be, and it whatever 
anguage it is, is not valid, until it is translated into the Russian 
language Therefore, he who asks for a copy of any document, 
IS obliged to file a petition; thereupon the Court orders to 
examine the document prayed for. If it h written in latin or any 
other language, It is ordered to be translated into the Russian, and 
such translation attached to the original ; and then copie» 
are given in the Russian language, and in the language of the pri- 
mitive original. It is not enough ; wherever they are authentica- 
ted every officer legalizing the same, requires a copy thereof 
to be left with him, which increases the cost. You can'then appre- 
ciate what expenses are incident to such a proceeding. Foi a 
single power of attorney, such as costs ten florins in the Kingdom 
ot Foland, I paid there, one hundred florins. 

When we have collected all these documents and sent them for 
the leganiZBtion, we prepared a power of atiarney in your name, 
aiithorizing you to act in behalf of the heirs of both branches ;-I 
Mr. Bychowiec opposed it. but proposed to execute it in the name 
of Eustach.usJelski, who. is likewise an exile, in America— 
We refused to accept this proposition, and Mr. Bychowiec was? 
so indiscrete that at his request the Governer refused to legalize 
our power of attorney in your name, because you are an exile.— 
Here my cousm perceived his mistake in not listening to my ad- 
vice ; and he is making now new exertions to obtain the docu- 
ments, n nis name, and when he obtains due legalization thereof, 
we .vill send them to you. together with the power of attorney 
as It will be convenient for us to- execute it either here in Po- 
land, or in Galicia, (in Austria.) 

,,nJr.r"r'r'f'''^"'^'''^P^"^^« ^^ have been exposed 
unnecessarily, by the indiscrete conduct of Mr. Bychowiec. My 
cou^ paid over and advanced several hundred ducats. ^ 

iftff u^ If ^"^ '"'^ y°"' attention, that in the year IS22 or 
the nmle'H- "Tr^ "'"' ^T'" ^^ '^^ American authorities of 
the proceedings relating to this succession, we sent papers to 

s™l'n!; « "''^'"^f^"''^"'-^*^'"^'^ f°r ^"^ counsel,Mes.rs. 
bwann and Sampson; we do not know where the papers are now- 
could you not find them out ? If you can find them^you can pr^ 
ceed in our name.c^ '•^ ^ 

I finish this letter, beging you to watch over the claim of Est- 



21 

ko's branch. We take upon ourselves to show you our gratitude^ 
and we assign to you one tenth part of the amount of the succes- 
sion, which may be recovered, as my aunt, Mrs. Catharine Estko, 
has already informed you. 

With due respect and consideration, 

I remain your well-wishing cousin, and obedient servant, 
(Signed,) HIPPOLITUS ESTKO. 

Washington, D. C, February 5, 1840. 
I hereby certify that the foregoing, is a true and correct copy 
of the original letter written in the Polish language and translated 
by me into the English. STEPHEN J. DALLAS. 



NO. 6. 

{Translated from the Polish.) 

Mr. Ignatius Chutkowski, > Siechnowicze, Aug. 18, 1845* 

Washington, D.C. ] 
Dear Cousin: Your letter of the 10th of July, reached 
me during the absence of my son, who went to St. Petersburg in 
order to take the oath, as required by the American Courts, in the 
presence of the Ambasador of the United States and of our Minis- 
ter; its cerlificate,together with the decree of genealogy, attested by 
the above gentlemen, will be forwarded by our diplomatic agents 
to Washington. I write you this without waiting for the return of 
my son. The delay was occasioned in consequence of the sick- 
ness of my son ; he was sick the whole year, and could not under- 
take such a long journey. As soon as he recovered a little in 
March, he started for St. Petersburg, but the snow melting rapidly, 
the waters rose and the roads became impassable, 90 much so thai 
he was obliged to return home at great hazard of bis life, for be- 
ing already thirty miles from home, he was obliged to cross three 
rivers by ice when it was about breaking up; the dampness, cold 
and uneasiness threw him again into his bed. God permitted him 
to recover again, and he started once more to the capital on the 
ISth of July. I have not received any letter from him from St. Pe- 
tersburg, vvhich place is 150 miles from where welive,* and it takes 
nearly one week of lime for the mail to go thither. He was 
obliged to go through Wilno, in order to obtain the approval of 
the Governor of our decree. Vou then see, my dear sir^ 
how much all these contributed to the delay in taking the 
oath, and besides our resources are very limited, and we could 
not easily collect enough for the expenses of the journey. 

We are inclined to believe that you could easier correspond 
with Mr. Hippolitus Estko, he being an inhabitant of Galicia the 
letters should pass two frontiers less; and as he is the head of the 
family, he could decide at once on all subjects in this affair; we 
are surprised ihat you correspond so seldom with him. I am 
afraid lest his bad health is the cause of it — it is a long white 
since we heard from him, I know that he proposed to go to the 
springs abroad for the benefit of his health. I do not expect, 

* Seven and a half English miles— make one mile Polish. 



22 

however, that the American courts, should not take under consi- 
deration the distance which separates us ; and that they could so 
soon forget the services and sacrifices, which our cousin Thadeus 
Kosciusko, rendered in their behalf, and whose estate by law and 
in justice belongs to us. 

I pray God to forgive to the deceased Klimkiewicz, who had 
caused us so much trouble and so much expense. But his wife 
surprises me ; if slie is a virtuous person, she should not renew so 
strange a suit for what belongs to others, and should not revive 
the perjury of her husband. 

0(^*Please to remember that we place our full confidence in your 
assistance, that with due gratitude, we always tliink of remunera- 
ting you for your troubles and costs which you must have incur- 
red. I expect that Hippolitus Estko has already sent you the 
power of attorney ; for he, liUe my children, consider you as an 
honorable man and best cousin, whom the Providence has sent to 
America, that you may defend the just cause of your cousins. =^ 

Accept the assurance of respect and true affection, with which I 
remain your faithful cousin, and most obedient servant, 

(Signed,) ESTKO. 

P. S. I have not received any news from your father, which 
mortifies me much, — I am fearful lest he be dead. 

Washington, D. C, February 5, 1847. 
- I hereby certifiy that the foregoing is a true and correct copy 
of the original letter written in the Polish landuage and translated 
by me into the English. STEPHEN J. DALLAS. 



No. 6. 

To the Hon. N. V. Cousin, 

Judge of the Orphans'' Court. 

The undersigned, Cousel of the next of kin and heirs of General 
Thadeus Kosciusko, having heard that a petition has been filed in 
your court by Gaspard Tochman, claiming to be the attorney of 
the Estko family, part of said heirs and next of kin, and asking for 
an order upon the administrator of the said Kosciusko, to distri- 
bute the funds in his hands, amongst the said next of kin, have 
presented the said petition, and pray your honor that no actioa 
shall be taken therein for the present 

They respectfully represent that they utterly deny the authority 
of said G. Tochman to interfere in the said affair; and they pro- 
pose, with all possible dispatch, to lay before you, the evidence 
and reasons on which they ask that he shall not be allowed to in- 
terfere in an affair which they maintain and expect to be able fully 
to show has been exclusively confided to their charge ; and they 
also expect to be able to show conclusively, that he is not to be 
trusted in regard to any of the representations he shall have made, 
or may make, and that he is unfit to have charge of the business. 

Tney further shew that the JEstko family is, at the utmost, e?iti- 
tled to only a moiety of the said estate, while the Zolkowski 
branch represented by Mr. Adam Bichowiec is entitled to the other 



23 

moiety, and the undersigned representing that branch, re- 
spectfully submit that any order in the premises now, may be ve- 
ry injurious to their interests. And they cannot see how any in- 
jury can result from such delay as may be deemed necessary for 
them to place the whole controversy between the said Tochman 
and the undersigned in its true ground. All which is respectful- 
ly submitted, this 12th day of February, 1847. 

JOSEPH' H. BRADLEY, 
P. R. FEN DAL L. 

True copy, test, Ed. N. Roach, Reg of Wills. 

June 4, 1847. 

^5=*[When the foregoing paper was filed in the court, the Rus- 
sian minister urged his goveenment to force the heirs to sign the 
power of attorney in the name of Messrs. Bradley and Fendall, 
which he had forwarded to St. Petersburg in January, 1846.3 — 
(Exhibit in my original petition, page 37.) G. T. 



No, 7. 

• 

To the Hon. N. P. Cousin, Judge of the Orphans'' Court, for the 

County of Washington, D. C. 

The answer of Gaspard Tochman to the petition of Joseph H. 
Bradley and P. R. Fendall, filed in your honorable court on the 
12th instant, respectfully represents : 

That the said petition is but a revival in writing, though in 
more measured and restrained terms, of the verbal application 
made in open court to your honor on the second instant, and 
then urged, and again urged, and argued on the 9ih inst. That 
when said argument was concluded on the 9th instant, your hon- 
or took time to consider it, and on the l2th inst., as above 
staled, said petition in writing was filed. 

Your respondent believes and therefore avers, that all the pro- 
ceedings have been had on the part of the petitioners, who now 
represent Mr. Bodisco, the Russian Envoy Extraordinary and 
Minister Plenipotentiary near this Government, Jor t'le purpose of 
harrassing and persecuting this respondent for his political doings 
in Poland. That such persecution, is the more iniquitous on ac- 
count of what he has already endured from the government of 
Russia. That in 1831, he was driven an exile from his native 
country, and in 1834, had his property confiscated. That having 
studied law, for some time,before he became a soldier in his native 
land, and being without resourses when he came to the United 
States in 1837, he has since then, became an adopted citizen there- 
of, and has endeavored to fit himself by study here, to be an use- 
ful member of society in the same profession to which he first 
directed his attention in Poland. That this respondent, after 
having studied law in this country, was admitted to the practice 
in many of the courts thereof, including the courts of this 
District, and the Supreme Court of the United States. xVnd tha 
respondent subinits,that while thus seeking,in this the country of 



24 

his adoption an honest maintainance, in the exercise of that he 
deems to be an honorable and useful avocation, he is, through the 
instrumentality of the said petitioners, Messrs. Bradley and Fen- 
dall, again stricken at by his implacable persecutors. Exiled from 
his kindred and his home, the respondent did suppose that, in this 
country at least, he would be beyond the malice of a goveinment 
whose protection has been withdrawn from him, and that he was 
at length free to receive and enjoy the fruits of honest industry. — 
And this respondent adds that he positively denies now, as he has 
hereto/ore denied in open court, any authority in said Bradley and 
I'endall-, or either of them, to interfere with him in the management 
of the interest of the heirs of Gen. Kosciusko, referred to in their 
said petition. And this respondent calls on said Bradley and Fen- 
dall now, as he has heretofore called on them, to exhibit, if any 
they have, their authority. 

In regard to himself, this respondent avers that he has authori- 
ty to manage the said interests of the Estkos' branch of said 
heirs of Gen. Kosciusko; and for the proof of these asser- 
tions,rc/ers to exhibits marked C, D, E, heretofore filed, which he 
prays to be taken and considered in connection with the letter from 
Catharine Estko, bearing date April 6, 1844, to Mr. Bodisco,* which 
was alluded to and exhibited, in open court, to your honor by said 
Bradley and Fendall, and places beyond cavil, the authenticity of 
the paper marked C. And this respondent is advised and believes 
that his authority froin the ZolkowskVs branch is also sufficient to 
authorize his continued management of their interests as heirs afore- 
said, and for proof of the correctness of this opinion, refers to 
the exhibit marked F, herewith filed. 

That in reply to the averments in said petition of this respond- 
ents' unfitness to manage the interest which his former country- 
men have seen fit to confide to him, it does not become this le- 
spondent to say more than that he has been admitted to the prac- 
tice of the law in this District, on an equal footing with Messrs. 
Bradley and Fendall ; that his fitness or unfitness for the office to 
which he has been admitted, is, in this instance, a matter between 
his employers, and himself exclusively — and that the interference 
of said Bradley and Fendall, between them and him, is neither 
more nor less, than impertinence. 

This respondent having been reared as he has stated, in a 'for- 
eign countiy, claims no extraordinary knowledge of the laws and 
institutions of the country of his adoption. He will, however, do 
all he can for the honor of the professional position to which he 
has been admitted — and endeavor always to respond to such un- 
supported vituperations, as have been cast on him in this case, — by 
an appeal to facts and proofs — declaring nevertheless, his willing- 
ness, in this case, that a comparison be instituted, between what 
was done before he became connected therewith, and what since, 
in behalf of the interests of his clients aforesaid involved therein. 
Or, between what has been done by Messrs. Fendall and Bradley 
at any time, and what has been done by himself, in reference to 
the same matter. 

And finally, in order that your honor may see fully and clearly 

• This ia the letter whicfh Mr. Bradley curtailed. 



25 

the history of this respondents' connection with this affair, this re- 
spondent herewith files papers marked from G to X, inclusively. 

May it please your honor, the premises considered, at once to 
dismiss the petition of said Bradley and Kendall and thereby relieve 
your respondent from the improper interference and unjust perse- 
cution aforesaid.* GASPARD TOCHMAN. 

Filed February 14, 1847. 

True copy, test, Ed. N. Roach, Reg. of Will. 

Jane 4, 184?'. 

gi^^The forego in cr proceeding has been alluded to, in the orig, 
inal petition page 5. G. T. 



NO. 8^ 

To the Hon. (he Judges of the Circuit Court of the District of 
Columbia.) for the County of Washington. 

The following statement of facts, in relation to a controversy 
which has arisen between Gaspar Tochman on the one side, and 
Mr. Fendall and myself on the other, must afford any apology to 
your honors for this long communication. 

In November, 1845,. I was introduced by R. S. Coxe, Esq., to 
Major Tochman, and he immediately solicited my aid ia prose- 
cuting the claims of the heirs and next of kin of General Kosci- 
usko, which have in various forms been before this court. He 
claimed to have a power of attorney from Mr. Ignatius Chut- 
kowski, who, he represented to me was duly empowered by the 
Estko family to act for them. Shortly after this, an arrangement 
was made between the said Tochman, Mr. Fendall and myself, 
which was reduced to writing, and a true copy of which I here- 
with filcf 

To carry more fully into effect that arrangement., an effort was 
made to open a correspondence with the families claiming the 
estate of Kosciusko, through Mr. Bodisco, the Russian Minister, 
lie at once objected .that Tochman, being a Russian subject who 
had exiled himself for alleged political offences, it was not possi' 
hie for him, the Minister of that Government, to recognize him in 
any official despatch, or to treat with him; but he, at the same 
time, admttted that Mr. Fendall had power to employ him if he 
should find his knowledge of the langu^iges and usages of Rus- 
sian Poland, useful. This being communicated to him, he at first 
took exception, and left here before anything definite was con- 
cluded •, and on the 9th January, 1646, I addressed to him at 
New York, a letter, which he received, and of which a dopy is 
herewith filed. J Shortly after the receipt of this letter, he came to 
Washington, and distinctly agreed with Mr. Fendall and myself 

* Exhibits referred to in this answer have been annexed to my original 
petition to Congress, and to this rejoinder; their marks only have been 
changed. G. T. 

t This agreement will be found in my original petition page 26. G. T. 

j It will be found in my original petition page 27. G. T. 

4 



26 

fo the suggestions contained in that letter. In consequence, Mr. 
Fendall immediately prepared a power of attorney in liis and my 
name, which was forwarded by Mr. Bodisco to be executed in 
Poland. 

It now appears that immediately on his making this new 
agreement with us, Tochman addressed letters to the several 
persons claiming to leptesent the estate, in which he made the 
same, or similar statements, as he subsequently made to Mr. 
Bodisco in the letter a copy of which is herewith filed; and 
successfully laboured to prevent the Estkos fjom executing that 
power. A further correspondence ensued between Tochman and 
mvself, copies of which are filed by him, and will be exhibited 
to your honors. 

I do not design to give your honors a history of the progress 
of the several cases which have been before you, nor to say a 
word of the manner, in which I discharged my duty under the 
agreement between Tochman, and Mr. Fendall and myself; but I 
undertake to shew that the facts he has stated in his letter to Mr. 
Bodisco, are in the main, absolutely, untrue so far as his action is 
detailed. 

To pass on. Last fall it was thought necessary to apply to the 
Orphans' Court for an order on Col Bomford to give further 
security for his administration of Kosciusko's estate. That ap- 
plication was rejected, and an appeal taken. Immediately there- 
after, Mr. Smith, counsel for Col. Bomford, proposed to jMr. 
Fendall to give the security. Mr. Fendall and J conferred and 
it was arranged that the security should be given in a bond of 
$40,000, and Messrs. Jacob Gideon and Ulysses Ward were to 
be the sureties. They, however, required counter security ; and, 
as Col. Bomford was absent from the city, some delay necessarily 
occurred in getting the proper deeds of trust executed by him. 
All this was fully communicated to and understood by Tochman. 
Notwithstanding this, and against our positive objection, he pre- 
pared and filed a bill "Quia Timet," in this court, to which he signed 
my name, and addressed to me on the same day a letter of which 
I file a copy.* 

Thus matters stood, when, on the ISth day of January last, he 
sent to Mr. Bodisco a letter of which also I rile a copy.f Of the 
vanity which prompted him to write so of himself I have nothino- 
to say; but the libels which it contains on Mr. Fendall and my- 
self, I do think deserve the notice of this court. And I know to 
what censure or punishment which your honors could inflict ivould 
be too severe for a man toho could thus basely charge those with 
•whom he was daily associating, and to whom he addressed him- 
self in language such as is contained in his letter to me of the 
2d December, 1846, with endeavoring, by undue means, in fraud 
of their contrict with him, and in violation of law, to procure a 
power of attorney to them in exclusion of himself. On the 19th' 
of January, 1847, Col. Bomford riled his new bond ; of this, I in- 

* This letter is published in Bradley's "reply" entitled "G. Tochman," pao-e 
12. The allusion therein made to a misunderstanding between Bradley aud 
aayself refers to the difficulty now at issue. G. T. 

t It will be found in my original petition page 31. (H.) G. T. 



27 

formed Tochmaa ; and on the 21st, he wrote aaain to Mr. 
Bodisco another letter, of which also a copy is herewith filed. 

I charge Caspar Tochraan, an attorney of this court, with con- 
duct in the matters herein before detailed, wholly unprofessional, 
discreditable and degrading to the bar of which he is a member, 
and having immediate relation to his character as such attorney, 
and tending to bring into disrepute the character and standing of 
the profession. 

And I further charge hijn icith having exposed his clienVs inter- 
ests to serious injury, by betraying the prii^ate correspondence of 
the counsel engaged therein* And I submit the matter to the 
judg.'nenl of the court. 

With very great respect, &c., 

JOS. H. BRADLEY. 

On this 24th day of March, 1S47, personally appears in open 
court, Joseph H. Bradley, and makes oath in due form of law, 
thit the facts, as stated witliin, of his own knowledge, are true, 
and those stated as of the knowledge of others, he believes to be 
true. Teste: 

Fded March 24, 1S47. WM. BRENT, Clerk. 

True copy. — Teste: 

WM. BRENT, Clerk. 



N . 9- 

7b the Circuit Court of the District of Columbia. 

To the statements and charges of Joseph H. Bradley filed im 
this Honerable Court, on the 24th ult., the undersigned submits 
the following answer : 

That he is a native of Poland — was a youthful soldier in her 
struggle for independence in 1830 — was exiled therefrom in 1S31 
— had his property confiscated by the Russian government in 1835 
— came to this country a stranger and comparatively without 
friends, in 1S37 — was adopted as a citizen theieof in 1S43 — and, 
has since, as before, endeavored hard, by honest pursuits, to main- 
tain his good name and a comfortable existance. In union with 
these pursuits and aims, the undersigned has continued in this the 
country of his adoption, to cherish a just pride in, and remem- 
brance of the history*, learning and literature of his native land, and 
has on all appropriate occasions, in private and public, sought to 
transfer the same mind and spirit to others- This course involved 
on the part of the undersigned, and induced on the part of others, 
what was deemed to be just animadversions on the conduct and 
policy of the government of Russia, relative to Poland. 

These incidents in tlie life of so humble a citizen as the under- 
signed, are not referred to without proper aim or reason. They 
betray the primary cause of this prosecution. They betray the 
motive of the letter of his Excellency, Mr. Bodisco, of the 15th 

• This strange charge refers to the correspondence marked No. 2S, 25, 25, 
27. G. T. 



28 

of February last, (hereafter more particularly noticed,) written in 
behalf of the Imperial Legation of his Majesty the Emperor of all 
the Russias, and addressed to his honor the Judge of the Orphans' 
Court of the District of Columbia.* They equally ilhistrate the 
origin and injustice of the insinuation on the first page of Mr, 
Bradley's communication to this honorable court, that the under- 
signed is a sort of political malefactor. How well the dignity, 
honor or justice of his Imperial Majesty the Emperor of all the 
Russias have been in this case represented, the undersigned will 
not presume now to consider — but will proceed to the less unim- 
posing duty of giving a brief history of his professional associa- 
tion with Messrs. Fendall and Bradley — made the ground work 
of the impotent statements, filed against him in this Honorable 
Court. Impotent as a legal course for depriving man of his pro- 
fession or means of living. Impotent to harm the good name of 
the undersigned, in the breast of any considerate impartial and 
just man. 

In the month of October, 1845, Mr. Ignatius T. Cliutkowski, a 
blood relative of the heirs of Gen. Kosciusko, exhibited to the 
undersigned, in New York City, the power of attorney from the 
Estkos branch of said heirs, filed in this court. About the same 
date and in the same city, he executed in favor of, and delivered 
to the undersigned, the power of attorney — a copy of which is 
also filed in this court. Shortly thereafter, the undersigned came 
to Washington, and on the 29th day of November next ensuing, 
after some preliminary negotiations, involving among other things, 
the consideration of Mr. Bodiseo's political objections to the un- 
dersigned, the contract in writing between Messrs. Fendall Brad- 
ley and the undersigned, referred to in Mr. Bradley's statement — 
was executed. On the 12th day of December next ensuing, Mr. 
Bradley exhibited to the undersigned, the letter of Mr. Fendall of 
that date — on file in this court, and the supplementary agreement 
in writing of that date — also on file in this court, was then execu- 
ted .t No other agreement^ verbal or in writing, relative to the same 
subject matter, was ever entered into between Mesrrs. Fendall and 
Bradley and the undersigned. In particular, the undersigned avers 
and charges that he never did, as is alleged by his accuser, Mr. 
Bradley, agree to the suggestions contained in said Bradley's let- 
ter of January Qth, 1846, to the undersigned. He refers to his 
letter to Mr. 'Bradley, of the 12th of March, 1846, ivritten after he 
is said to have agreed to this suggestion, as proving that lie never 
did, and never could so agree ; and that said_ Bradley knew well 
Ms resolution in this regard.'l The subsequent letters from said 
Bradley to the undersigned hereto annexed, confirm the truth of this 
averment of the undersigned, and conclusively refute Bradleyh 
allegation of an agreement in this respect.\\ 

Further — on the l9lh of December, 1845, prior to the date of 
Mr. Bradley's letter making the suggestions aforesaid, the under- 

* Exhibit (0) page 'ST; original petition. G. T. 

t This letter and the supplementary agreement, refer to an agreement by 
which Messrs. Fendall, BradJy and myself, secured one-fiilh of our fees to 
Mr. J. Chutkowski. G T. 

I Exhibit (F.) page 37, original petition to Congress. 

II These are the letters hereto annexed, and marked No. 23, 24, 25, 26, 27. 

G. T. 



29 

signed did, in faithful execution on his part of the agreement of 
the 29th of November with Messrs. Fendall and Bradley, under- 
take to open a correspondence in Europe, with those claiming an 
interest in the estate of Gen, Kosciusko. This effort appears by 
his letter to Messrs. Fendall and Bradley, of December 19th, 1845, 
enclosing one from the undersigned to Mr. Bychowiec, to be for- 
warded by Mr. Bodisco. Although Mr. Bodisco was the diplo- 
matic representative of the nation to which the gentleman address- 
ed belonged, and the letter to be forwarded was unsealed and 
merely on private business, it was returned to the undersigned by 
Mr.Bradley, with the answer that Mr. Bodisco refused to transmit it. 
On the 15th day of February, 1S46, while the undersigned was 
■in \Vashington, holding constant personal intercourse with Messrs. 
'Fendall and Bradley, a power of attorney, prepared by M. Fen- 
dall, with the consent of Mr. Bradley, was, without the knowledge . 
Of consent of the undersigned, forwarded through Mr. Bodisco, 
to be executed by the heirs of Gen. Kosciusko, in favor of Messrs. 
Fendall and Bradley alone. Comnients on this proceeding may be 
unnecessary. But the undersigned takes the liberty of saying: 
his accuser, Mr. Bradley, must have deemed him without the 
i feelings of a man, if he supposed the concession to him of a cer- 
tain portion of the professional compensation to be earned, by him 
and Mr. Fendall, under their new power of attorney, or even the 
position for usefulness which Mr. Bodisco is said to have been 
willinof to assiorn to him — would heal the wound inflicted — or 
sooth the feelings justly excited by that act, when known to the 
undersigned, as well as by the letter of Mr. Bradley, of the 9th of 
January, 1846. 

In view of the events, in the life of the undersigned, already 

recited, comparatively unimportant though they may be; in view 

of the fact, well known to his accuser, that the undersigned had 

] submitted to be robbed of his property by the Russian Govern- 

': ment (many times more valuable than the whole of that now 

i claimed by the heirs of Kosciusko,) rather than abandon what he 

j deemed to be due to his countryand to himself; in view of the 

most common feelings of our nature, how could Mr. Bradley 

; have expected so tame and degrading a submission by the un- 

i dersigned to the unreasonable and cruel arrogance of a power, 

I which, if fairly represented on this occasion, insatiable by the 

' wrongs already inflicted on hira, was striking at his last resource 

' for an honest name and maintenance : his professional character 

and private business pursuits. 

During our professional intercourse, the undersigned had been 
oftentime pained and mortified, at what he deemed a defference 
on the part of Messrs. Fendall and Bradley, to the views and sug- 
gestions of Mr. Bodisco, amounting to disrespect and a violation 
of professional courtesy to the undersigned ; but the undersigned 
exerted himSelf long to suppress these feelings. They can be 
suppressed no longer. 

Mr. Bradley insinuates, that the undersigned improperly filed 
the Bill Quia Timet, and improperly signed his name thereto. 
Mr. Bradley and the undersigned had, during their previous pro- 
fessional intercourse, signed the names of each other without 
objection on the part of either, and conformably to what the 



30 

undersigned supposed to be proper and usual in similar cases. 
In this particular case, the undersigned was not aware of Mr. 
Bradley's objections to the bill when his name was signed there- 
to — ind authority was given at the Clerk's desk, to have it striken 
off, when the objections were known. In regard to the filing of 
llie Bill Quia Timet^ the undersigned had a right to file it, not- 
withstanding Messrs. Fendall and Bradley's objections, and did 
file it ill discharge of what he deemed to be his duty to his cli- 
ents. The letter which was on the same day addressed to Mr. 
Bradley by the undersigned, was written solely for the sake of 
peace — and further remark thereon is deemed unnecesssary. 

In regard to the letters of the undeasigned to the heirs of Gen. 
Kosciusko, and to Mr. Bodisco, averred to contain false charges 
against Messrs. Fendall and Bradley ; they may, and probably 
do contain errors of language and of some opinions, but they are 
as to the facts substantially true. Those of them not already 
filed, are herewith filed as a part of this answer.* 

To truth and justice, it is due to say, the letters to Mr. Bodisco, 
were the immediate offspring of feelings aroused by the commu- 
nication, by Mr. Bradley to the undersigned, shortly before the 
date of the first of these letters, that if such a power of attorney 
to himself and Mr Fendall alone, as is hereinbefore referred to, 
came from Europe, it would be filed in court as their authority 
for further proceedings in the cases of the heirs. This commu- 
nication the undersigned regarded as proof, that Messrs. Fendall 
and Bradley, had entirely surrendered themselves to the views 
and suggestions of Mr. Bodisco; that the power of attorney of the 
undersigned was to be discredited and superseded, and his feel- 
ings already sufficiently wrought upon, were to be trampled on, 
and his character, more valuable to man than life, over-riden and 
prostrated. 

The undersigned may not be in friends and fortune, the man 
he once was. Mr. Bradley, may be surrounded by friends and 
kindred ready, without consideration from complacency to him, 
to support him here, and retail his statements and charges in so- 
cial circle. He may hold his tixcellency Mr. Bodisco, Envoy 
Extraordinary and Minister Plenipotentiary of his MaJQsty the 
Emperor of all the Russias, as his rear-guard. Mr. Bradley, may 
not know or care for the troubled tide of life — and feeling coursing 
the views of the one whose misfortunes alone have made him his 
fellow member ©f this bar. But your honors at least will hear the' 
undersigned, willingly, while he attempts yet further against all 
odds to unfold the character of this prosecution, and to defend 
his honor and means of living, unjustly assailed by Mr. Bradley. 

The undersigned has already prayed yoar honors to consider 
herewith his letters to the heirs, on which Mr. Bradley's imagi- 
nation has conjectured charges against the undersigned. That 
the whole character and conduct of the undersigned, .having even 
the remotest relation to the case may fully appear, the under- 
signed prays the record and aci^ompanying papers from the 
Orphans' Court, being in this court, with the aforesaid letter from 

* The letters to the heirs not being material to tha point at issue, are not pub 
lished here. G. T. 



31 

Mr. Bodisco to his honor the Judge of the Orphins' Court, may 
be also considered herewith. The consideration of the issues«of 
right and of character, involved in this record and the papers sent 
here from the Orphans' Court, it is fully believed, and therefore 
averred, was intended and expected to be smothered by the state- 
ments and charges to which the undersigned has now the privi- 
lege to respond. This proceeding is marked by many incidents 
to the undersig.ied strange and unexpected. But strangest and 
most unexpected of all of them in this Republican land of esta- 
blished laws and written constitutions, and especially in the pre- 
sent state of the international law of the civilized world, is the 
letter and conduct before noticed of his Excellency Mr. Bodisco. 
That his Excellency, in subserviant compliance with what he 
might consider the policy of his Government, should seek for 
reasons, in many sinister ways, to destroy the name and crush the 
spirit of even so inconsiderable a person as his Excellency may 
deem the undersigned, might be the natural consequience, with 
such a person as his Excellency, of his othcial postion. But 
thai to accomplish even such supposed ends of State policy, or in 
his most intemperate and imprudent zeal to serve his Royal and 
Imperial master, he should leap over the forms and law of inter- 
national intercourse — pass by the door of our State Department— 
and enter as a party litigant our subordinate halls of justice — 
was indeed unlooked for. The undersigned is advised and avers, 
that this act of his Excellency Mr. Bodisco, Envoy Extraordinary 
and Minister Plenipotentiary of his Majesty the Emperor of all 
the Russias, is unprecedented; — is in concert with, and intended 
to sustain his accuser Bradley, in the perpetration of a cruel 
wrong; — is unlawful and insolent interference with a tyranical 
invasion of his personal and professional rights and reputation ;— 
is degrading to the sovereign he represents; — is an insult to the 
courts of justice — the whole Government and people of this free 
Republican nation. For your own sake — for the sake of justice 
to the undersigned — in the spirit of American judges — in fulfil- 
ment of your noble duty to defend the weak from the oppres- 
sion of the strong, the undersigned prays your honors may see a 
legal way to rebuke this outrage. His Excellency Mr. Bodisco, 
when he addressed that fetter to the Judge of the Orphans' Court 
of the District of Celumbia, knew, if he knew his place, his 
irresponsibility to that and all other courts of this Coui^ty, either 
as a witness, or as a suitor, in any respect. He knew, if he knew 
his place, his total irresponsibility to the undersigned, and to all 
other citizens, native and adopted of his country. His Excel- 
lency Mr. Bodisco, therefore knew, if he knew his place, that 
he could not properly enter the Orphans' Court of this District, 
or make any suggestions to it, relating to any of its proceedings 
in any case. Did his Excellency Mr. Bodisco conceit, an Envoy 
Extraordinary and Minister Plenipotentiary of even so good and 
potent a Sovereign as his Majesty the Emperor of all the Rus- 
sias, by the unfitting use of pompous atid imperial words and airs, 
could overawe the Orphans' Court — this court — or any American 
court — however subordinate in point of law, or however humble 
in point of fact, he might deem it to be. If not, why did he send 



.•5'> 



to the Orphans' Court the document above referped to, unaccom* 
patried by a single proof or voucher? 

The undersigned has been forced by his accuser, Mr. Bradley, 
to encroach thus much on the time and attention of your honors. 
His heart is yet full of this subject — but to relieve himself from 
its pressure as vi^ell as to save a further present consumption of 
the time of your honors, he files herewith some additional papers 
and a schedule thereof supposed to have a relation to this case, 
and prays that they may, if necessary to justice, be considered 
herewith.* 

In conclusion, the undersigned submits to this court's judg- 
ment as to the judgment of all his professional brethren, and 
felloW'Citizens, the inquiry started here by others, who has been 
guilty in the premises of unprofessional and unbecoming con- 
duct, to wliom may be properly applied the charges of his ac- 
cuser, Mr. Bradley; in short, whose cheek in view of the facts 
and eircumstaupes now feebly and imperfectly set forth, ought to 
mantle with the blush of honest shame. 

GASPARI) TOCHMAN. 

On this 5th April, 1847, appeared Gaspard Tochman, in open 
court, and made oath in due form, that the facts, as stated in this 
answer are true. 

Teste : W. BRENT, Clerk. 

True copy. — Teste: 
Filed April 5, 1847. W. BRENT, Clerk. 



N O- 10' 

Prom the National Intelligencer. 

TO THE EDITORS. 

Gentlemen : On the 19th instant the following was reported 
for and published in your paper : " On IVf onday last the Court 
Kiade a decision on the complaint preferred against him (meaniwg 
myself) by Mr. Bradley, to the effect that the Court did not perceive 
in Mr. Tochman's conduct such intentional misconduct as to call 
for its summary jurisdiction in the case." Although I have no 
doubt that the Reporter thereof had no intention to wrong me, 
yet it is plain that unless the readers of that report are told what 
were the complaints of Mr. Bradley against me, and in what man- 
ner they have been, actually, at length disposed of by the Court, 
my character, personal and professional, would suffer much, and 
the injury arising therefrom would be to me, just commencing 
the practice of law, of no small consequence.. The difficulty 
referred to in that report has not yet been finally settled, and its 
nature is such that it cannot be settled before the next session of 
the Supreme Court, and the session of Congress. I do not wish, 
then, to say a word of it, in your paper at present. I only beg- 



* The papers referred to, are the same which constitute the exhibits of the 
original petition to Congress, and of this rejoinder. G. T. 



33 



you to publish at, length, the opinion o the Court, herein enclos- 
ed, to which tlmt report refers. I beg this favor of you to avert 
the injury to which that report would expose me, were not Mr. 
Cradley'/ complaint, and its nature, brought before your readers 
at hast, in such nakedness as the decision of the Court sets it 

*''Vhave the honor to be, your most ^''"^^'"^^''T^jJ^j^jj^^. 
Washingtov, May 20, 1847. 



OPINION OF THE COURT. 

BRA.DLEY vs. TOCHMAN. 

On the 21st of March, 1S47, Mr. Joseph H, Bradley, an At^ 
Sorney and Counsellor of this Court, filed a paper purporting to 
be a complaint against Gaspard Tochman, also an Attorney and 
Counsellor of this Court, the substance of which complaint, as I 
understand it, is: That Mr. Tochman, after having agreed to 
unite with Messrs. Bradley and Fendall in the prosecution of the 
claims of the heirs of General Kosciusko, and to share equally 
the compensation which they might receive therefor, and having 
beeri informed of and acquiescing in an arrangement to procure, 
with the aid of Mr. Bodisco, the Russian Minister, a povver ot at- 
torney to Mr. Fendall and such other person as he might associ- 
ate with himself, except Mr. Tochman, whom Mr. Bodisco could 
not reco2:nise on account of his political offences in Poland, en- 
deavored to defeat that arrangement by letters written by him to 
Mr Bodisco, and to some of the heirs of General Kosciusko. 
In support of this charge, Mr. Bradley produced a copy of Mr. 
Tochman's letter to Mr.- Bodisco ot the 18th of Janiiary, 1847, 
and of Mr. Bradley's letter to Mr. Tochman, of the 9th ol Jan- 
uary, 1846, informing him of the proposed arrangement to obtain 
the power of attorney to Mr. Fendall. 

Mr Tochman, in his answer, avers and charges that he never 
did, as is alleged, agree to the suggestions contained in Mr. 
Bradley's letter of the 9th of January, 1846, and refeis to sundry 
dociimenls and papers filed with his answer. 

The question whether he did agree to the suggestions con- 
tained in that letter, is a question of fact, which we do not deem 
necessary to be decided by the Court in the present state of the 
case • because if he did so agree, and afterwards refused to be - 
bound thereby, such refusal might not imply such misdemeanor 
and moral obliquity as would justify the Court in expelling him 
from the Bar; and if he did not so agree, he has not been guilty 
of a violation of good faith in endeavoring to defeat that arrange- 
ment The whole ground of our jurisdiction in such a case, is the 
power and authority we have to expel an attorney or counsellor of 
the Court for misbehavior. If his ofTence be not such as would 
justify his final expulsion, or, at least, a temporary suspension of 
his functions, and if the charge, as made, do not amount to such 
5 



34 

an offence, the Court, as we think, ought not to go into an inves- 
tigation of the matter, because it would lead to no practical result. 

It is true, that the Court may reprove and censure an attorney 
or counsellor, for conduct not amounting to such a misdemeanor 
as would justify his expulsion or suspension ; but in cases of this 
inferior grade, vve ought not perhaps to act in a summary way, 
where the parlies aggrieved can have adequate relief in the ordi- 
nary course of law. So far, then, as regards the charges of Mr. 
Tochman for violation of the arrangement made by Messrs. Fen- 
dall and Bradley with Mr. Bodisco, the Court does not deem it 
necessary to pursue the investigation further, but will leave it to 
the parties themselves, the clients, to make their own arrange- 
ments as to the powers they may think proper to give to their'al- 
torneys. 

Another ground of complaint by Mr. Bradley, in his stntement, 
is, that the letter to Mr- Bodisco contains averments which, he 
says, "are in the main absolutely untrue, so far as his action is 
detailed.'' 

In that letter of the ISth of January, 1847, Mi. Tochman says: 
"Under my control, then, and through my exertions only, the 
right of the heirs is already established to the whole fund, and, 
had Messrs. Swann and Sampson, and, after their death, Messrs'. 
Fendall and Smith, done their duty; had they not permitted Mr. 
Bomford to collect the moneys of the estate, and to speculate there- 
with, we could receive now the whole fund without any lurther 
litigation." And in the same letter Mr. Tochman says: "It is 
to be expected, and it cannot surprise neither your excellency nor 
the government of his Majesty, that, if the power of attorney, in- 
tended to supercede me, comes and be made use of, [ shall de- 
tend my rights by all possible means. Let us then suppose, that 
the present administration shall refuse to interfere in my behalf in 
this controversy because the heirs of Kosciusko are the subjects 
of his Majesty, and within his exclusive power, my course tvould 
be to sue Messs. Fendall and Bradley, to set aside their power of 
attorney, as obtained by undue means and contrary to law.''' 
n. ^D^^^,?'"'''"'^'^^^ contain the strongest ground of the complaint of 
Mr. Bradley vs. Mr. Tochman, in this part of the case. It will be 
perceived that he does not in that letter charge Messrs. Bradley 
and J^endall, positively and directly, with obtainin<T a power of 
attorney by undue means; but says, "if the power of attorney 
comes and be made use of," he shall defend his rights by all 
poss.be means," and that his course would be "to siie Mrssrs. 
lendall and Bradley to set aside their power of attorney, as ob- 
tained by undue means and contrary to law." 

It seems to us that this, at most, can only amount to a threat bv 
Mr. Tochman, that, if the power of attorney comes and be acted 
upon, his course would be to use lawful means to set it aside on 
the ground that it was obtained by undue means. It is not a di- 
rect averment that undue means were or had been used, but that 
he should, on that ground, attempt to set it aside. He does not 
state what were the undue means by which the power of attor- 
ney, if made, would be obtained, nor that those means would be 
traudulent; but that, if obtained, it would be obtained "tontraryto 



35 

Although Mr. Tochman did not, in his letter to Mr. Bodisco, 
state what the undue means were, yet we think it appears, on the 
face of Mr. Bradley^ s complaint and the documents which he has 
adduced in support of it, that Mr. Tochman comidered the appli- 
calmt of Messrs. Fenddall and Bradley to Mr. Bodisco for his 
official aid in procuring a power of attorney to them, to the ex- 
clusion of Mr. Tochman, as the undue means to which he alluded 
in his letter to Mr- Bodisco. In its most inflamed sense, it may 
amount to an av^cusation that they were uniting with the Russian 
Ciovernment to oppress him, by operating on the fears of his cli- 
ents, to exclude him from the conduct of their suits. We assume 
the charge to be gratuitous and groundless, as we have no doubt 
it is ; still, we must look at Mr. Tochman as he represents him- 
self to be, an exde from his native country for his political opin- 
ions, and make some allowance for the suspicions which would 
occupy his mind, at the interference of Mr. Bodisco, to exclude 
him from the case. He may have accused wrongfully, untruly, 
yet not wilfully. 

In the case of Levi S. Burr, in 9th Wheaton, the Supreme 
Court says: "The profession of an attorney is of great importance 
"to an individual, and the prosperity of his whole life may depend 
"on its exercise. The right to exercise it ought not to be lightly 
"or capriciously taken from him." And again : "the discresion 
to remove or suspend ought to be exercised with great modera- 
tion and judgment." And again : "the power is one which ought 
to be exercised with great caution." 

The court feels it their duty lo maintain the respectability of 
the bar among themselves. But it does not perceive in the con- 
duct of Mr. Tochman such plain intentional misconduct as to call 
for the summary jurisdiction of this court, in the present case. 
True copy, 

Test. W. BRENT, Clerk. 

May 17, 1847. 

^^ The foregoing decision, then, seems to disapprove of Mr. 
Bradley's application to Mr. de Bodisco to get through him the 
power of attorney;- — but in its concluding clause it introduces a 
new doctrine, to wit: that it is a "misconduct^' to take preven- 
tive measures to avert the injury, or to defeat the contrivance of 
the wrongdoer ! — I hope, it will not establish a precedent for an- 
other case of a like character. 

G. TOCHMAN. 



NO. 11. 

To his Excellency Mr. Bodisco, 

Ambassador of Russia. 

Washington, Nov. 23, 1S45. 
Sin: I saw Mr, Fendall, after his interview with your Excel- 
ency on Tuesday last ; he requested me to give him time until 



36 

;^esterday to examine the papers, ai'ter vvhieli he promised to tell 
me whether he will proceed farther as counsel of Estkos. But 
yesterday instead of giving me that promised answer, he told nie 
that he had written a letter to your Excellency, and that unless 
your Excellency should grant him his stipulations, he will do no- 
thing — and, when I asked him what were his demands, he declined 
to answer the question. This, I believe, is not the right way of 
treating the subject. The papers relating to the claim of Esikos 
were intrusted to Messrs. Swann and Sampson, in 182ii, and after 
their death to Mr. i^'endall. During the 23 years, which passed, 
nothing has been done to secure the property of the de- 
ceased General Kosciusko — nor the right thereto of his heirs, 
Esikos and others. The assets amount to nearly $50,000 — of 
which more than 30,000 are in the hands of the administrator 
Col. Bomford. The law requires from the administrator, a bond 
equal to double the amount of the assets. The bond of Colonel 
Bomford does not exceed !|)56,U00, and I doubt whether it is worth 
any thing. Yet, this most important point upon which the se- 
curity of that property rests, has been entirely overlooked by the 
former and present counsel of Estkos. The Esikos have a right 
to claim the distribution of assets as heirs — and they are also 
creditors of General Kosciusko, in a sum which will probably ex- 
haust the whole amount of the assets, — and nothing has been 
done to establish their rights, in either character. Mr. Fendall 
even expressed his surprise at hearing from me, that Estkos are 
creditors of Kosciusko : — although the evidences showing this 
fact, are amongst the papers which he intrusted to his subsliiuie 
Mr. Smith — and there was a bill in relation to this^debt, hied by 
the former counsel against the former administrator Mr. Lear. — 
Moreover, I cannot account for the neglect of Eslko's counsel in 
having permitted Mr. Armstrong, to obtain a judgment against the 
administrator at the late term of the Circuit Court. This same 
claim of Mr. Armstrong Kosciusko,* was brought before the 
Supreme Court in 1S32. The judgment of that Court points out 
some legal queries — under which Armstrong should bring new ac- 
tion. These queries constitute the defence against his claim, 
which he will never overcome. But nobody appeared on the part 
of Estkos, to bring them before the Circuit Court. Mr. Fendall, 
even knew nothing of the existence of the judgment obtained by 
Armstrong, and learned it from me with manifest astonishment. 
In short, permit me, sir, to stale that there is no time to be lost if 
we wish to be faithful to our respective duties, in securing the 
rights and claims of Estkos. I know that there are persons who 
wish by all means to set me aside from interfering in this suit — 
and they contrive to place me in a controversy with your Excel- 
lency. But my late interview with your Excellency encourages 
me to hope, that you will discern my political character and duties 
towards Poland, from those of an American citizen and a member 
of the bar — in which last character I have the honor of addressing 
you, and would not hesitate to consider my duty to defend here a 
legal suit, even of his Majesty the Emperor of Russia — although 
I should always defend my own rights as a Pole, against any claim 

* Should have been written, Kosciusko Armstrong.— G; T. 



37 

to submission. Yesterday morning I wished to see your Excel- 
lency, personally — and having not found yon, it was my intention 
to call again in the afternoon or this morning But an other im- 
portant business having called my presence elsewhere, I beg leave 
to offer this as an apology — and respectfully pray you to answer 
Mr. Kendall's letter as soon as practicable. If Mr. Fendall, 
makes propositions which your Excellency shall find to exceed 
your power to acceding to, I then beg you to join me m retain- 
ing Mr. Joseph H. Bradley. He is the same gentleman of whom 
Mrs. Estko wrote to your Excellency in April, 1844, requesting 
you to retain him in the place of Mr. Fendall. I hope, sir, that 
you will take this subject under consideration, and lend me such 
countenance to secure the rights and claims of Estkos, as will 
be consistent with your distinguished station and official duties. 
With the assurance of my respect, 
I have the honor to be, 

G. TOCHMAN, 
Counsellor at Law. 
Washington, Nov. 23, 1844. 
At Mrs. Potter's. 

Remark. I have not taken care to leave the exact copy of the 
above letter, but if there is any difTerence between it and the ori- 
ginal, it consists in some words which do not alter the sense. 

G. T. 



No. 12. 

Copy of a Letter of Mrs. Catharine Estko to Mr. de Bodisco, 

C est potir la seconde fois que j'ose prendi-e la liberte d' im- 
portuner Votre Excellence, en invoquant P appuie de sa haiile 
protection concernant la succession qui nous est eehue a la a\ox% 
du General Kosciusko. %^ Je me vois forCee a cette demarche par 
les nouvelles qui vient de me comrauniquer noire correspondant 
et cousin, Chutkowski, qui plaide notre cause contre Klimkiewici^ 
le quel voulant s'insiiiuer dans nos droits, se dit le plus proche 
heritier du feu le General Kosciusko. — On a peut eire deja fail 
passer a Votre Excellence le decret de la legitimation prononce 
au mois de Decembre, dans la Deputation Genealog-ique, et qut 
d' apres le cours ordinaire fut envOye pour etre afRrme a notre 
General Gouverneur, Ministre et Ambassadeur de 1' Amerique a 
St. Petersburg, et dans lequel se trouve la plus conscienciense 
genealogie de la famille du feu General Kosciusko. Comme par 
la mort de nos premiers avocats notre affaire resta en retard et 
neglige cig)g nous supplions tres humblement Votre Excellence de 
vouloir bien autoriser a la defence de notre cause, Messieurs Coxe 
et Bradley^ qui seuls possedent notre confience. 

Nous esperames que les papiers envoyes, en 182.5, par la vo- 
lonte du feu notre auguste monarque F Empereur Alexandre, 



38 

seraient suffisant, mais comme les Americains exigeaient plus de 
formalites, nous fumes obliges de les assembler, et remettre a la 
Deputation genealogique, ce qui ne contribna pas peu au delai, vu 
que nos avocats ne nous en informerent des long temps. Je raets 
tout mon espoir en ce que Votre Excellence daignera condescendre 
avec bonte a mon humble demands, ei suis avec le plus protend 
respect de. 

Votre Excellence, 

la tres humble servante, 
6—18 Avjil 1844. K. ESTKO. 

I have not the control of the original letter required by the 
Orphan's Court, but having procured a copy thereof I herewith 
file it. 

JOS: H. BRADLEY. 



True copy, 
May 26, 1847. 



Test, ED. N. ROACH, Rec. Wills. 



NO; 13. 

(^Translation from the Polish.) 

SiCHNowiczB, April 7, 1844. 
Mr. Ignatious Chutkowski, 

Dear Colsiiv: Frooi your last letter dated January 
1844, from Cambridge, we learn that you left Washington, and 
that you suspect our attachment towards you, complaining of not 
having received any answer to your former letter. We not only 
answer all your letters, but in our last letter we informed you that 
we approve of all your propositions. We also wrote to the priest, 
named by you, requesting him to lend you $500 to meet the ex- 
penses; and we therein assigned to you $3000 and the land of 
Estko's portion. 

Mr. Bychowiec sepai-ated from us on account of our refusing to 
give a power of attorney, in the name of his brother-in-law, Mr. 
lelski. We only rely on you, and have entire confidence in you, 
and as he declined to join with us, we have concluded to execute 
a power of attorney in the name of our kinsmans, Mr. Hippolitus 
Estko, who is conjointly with us entitled to the succession, being 
a cousin of my children ; and although he has ofl'eiided you, not 
knowing who you were, he regrets it sincerely, and together with 
us has unbounded confidence in you. Acting under the power 
of attorney from us, he will delegate it to you, and in your name. 
Henceforth please to correspond with him, as by so doing you will 
facilitate our interest in bringing it to an end.* 

Hippolitus Estko lives in the Kingdom of Poland, in the De- 
artment of Lublin. His address is as follows : by Warsaw, Lub- 
lin, Woyslawice at Trzeszczany. 

* bee Exhibitj No. 4, page 19. 



39 

Mr. Bychowice will probably send the decree before we do, 
as he has already taken out tlie examplitication thereof, and has 
sent it to St. Petersburgh to obtain the authentication of it. 

If Mr. lelski, or any other person shall present this decree, you 
could avail yourself thereof in our behalf. If you could take a 
copy therefrom, and make the translation of it, it would cost less 
than the postage of sending you another copy of the same. How- 
ever, we will send you the decree if we do not receive from ydu 
information that you do not want it. 

Should the American Courts reject our claim as of heirs, which 
we hope they will not do so, in such a case set forth our claim as 
of creditors. In transmitting the papers in the yea? 1825, I 
then stated, that the Eslkos claim the succession after General 
Kosciuszko, not only as the heirs at law, but also as creditors. 
You will find among these papers the mortgage deed of the es- 
tate oX Sichnowicze, and, a settled account of our claims recorded 
ia our courts during the lifetime of Kosciuszko; he, therefore, 
could not dispose of his property without first paying the debts. 

Let me assure you that you have to deal with men of honor 
and integrity, and (hat you will be amply rewarded. But what 
can we do more than assure you, having nothing certain ourselves. 
We assure you, that we will not touch the fund, before you receive 
an ample compensation for your services. 

/ write by the same mail to the Russian AmhassadorMr. Bodisco, 
beging him to retain for our counsel, those lawyers whom you re- 
commended to us ^ viz : Messrs. Coxe and Bradley. 

I am sorry that I cannot give you any news from your father, 
althogh f wrote several times to him, and to the person yon named; 
it may be that he departed this life as no answer has been re- 
ceived to any of my letters. 

It is not necessary to remind us of what you have done for us, 
we know it, and are sensible that you have fostered, and defended 
onr interest from the usurpation of Klimkiewicz. We know that 
had you not interfered in it, all would have been lost for us 

Believing, that you have a right to the succession you com- 
menced to act fpr yourself, but having learned and ascertained of 
our nearer relationship, you have taken our side as honor and in- 
tegrity dictated to you ; but, these gentlemen, who scorn in be- 
half of Mr. Klimkiewicz, what a shame they bear the name of 
Kosciuszko'sj countrymen ! Let them at least, before they die, 
expiet their sins of having offended the laws of God, by ccnmit- 
ing perjury. 

Our last letter to you as vi^ell as to the Rev. Dzierozynski, was 
dated 29th November, 1843 — it was signed by me and by my 
children Romanus Estko, and Louisa Narbutt, born Estko. 

I close this letter with the expression of my gratitude and re- 
spect, praying God may bless and aid you. and that our cause 
could be brought to an end. 

Your faithful cousin and servant, 

CATHARINE ESTKO. 

Having nothing to add to the letter of my mother, I recommend 
myself to your friendship. 

Your faithful cousin, 

ROMANUS ESTKO. 



40 

Washington, D. C, March 20, 1847. 

I hereby certify that the foregoing is a true copy of the orig- 
inal letter, written in the Polish and translated by me into the 
Entrlish. S. J. DALLAS. 



NO. 14. 

Honorable James Buchanan, ) Washington, Nov. 15, 1846. 
Secretary of State. ) 

Sir : A notice is circulating through the public press, that Mr 
Bodisco, the Russian Minister, has made application to this gov- 
ernment to deliver me up to the Russian authorities as one of ■ 
the refugees, who fled from the persecutions, which his benevolent 
emperor perpetrates upon the Poles, who, defended the rights of 
their country, in 1830. No body will, certainly, believe that such 
a requisition, if made, could be complied with, or that it could 
dishonor me in any way. I presume, however, that this notice 
originated in some misapprehension of the measures, which I have 
taken to defend my rights against the designs of Mr. Bodisco, and 
of his government, who endeavor to reach me in my character 
of American citizen, and lo punish me for my political doings in 
Poland, by compelling the heirs of General Thadeus Kosciusko, 
to revoke my power of attorney. If I ara not mistaken in this 
supposition ; it is due to me, to Mr. Bodisco, and to his govern- 
ment, that the mistatement of the above notice, whatever may be 
its origin, be corrected ; and to this end, I respectfully beg your 
honor to inform me whether, Mr. Bodisco, has ever made applica- 
tion to this government to deliver me to the Russian authorities. 

I also beg your honor to inform me what measures, his Excel- 
lency the President has adopted to protect my rights as of Ameri- 
can citizen, against Mr. Bodisco's encroachments, exposed in the 
petition which I had the honor of handing to his Excellency the 
President, on the 8th of October last. 

I have the honor to remain yours with the highest respect, 
your honors most obedient servant. 

G. TOCHMAN. 



NO. 15. 

Department of State, 
Washington, November 21, 1846. 



Sir : In feply to the inquiry contained in your note of the 15th 
instant, respecting the notice which you say is being circulated 



41 



throughout the Union by the public press, I have to state that the 
diplomatic representative of his Imperial Majesty at Washington, 
has not made any "application to this government to deliver yon 
to the Russian authorities." , . jj j 

I have also to inform you, with reference to the note addressed 
by you to the President on the 8th ultimo, which has been re- 
ferred to this Department, that the case therein represented is not 
deemed to be a proper one for the intervention of this govern- 
ment. 

I am very respecttiilly, 

Your obedient servant, „„,,„ * xt 4 at 

JAMES bu(;hanan. 

G. TocHMAN, Esq. 

Washington, D.C. 



NO, 16, 

( Translation from the Polish.) 

Washington, Feb. 25, 1847. 

To HlPPOLITUS ESTKO, Esq. 

My Dear Sir : \ am still at Washington, and have concluded 
not to leave it, until I settle finally the difficulty which arose from 
Mr. Bodisco's interference with my professional pursuits. 1 he 
estate, as I informed vou in my former letter, is secured. Ihe 
wills of 1798 and of 1806, which were set forth against the heirs, 
will no longer be in their way, for the will of 1816, revoking the 
former wills, has already been proved and recorded in the proper 
Court pursuant to our law. After my last, which you must have 
received, I presented a petition to the Orphan's Court, praying for 
an order upon the administrator to deliver up the estate to the 
heirs Nothing, however, has been done upon that petition— 
because, Messrs. Fendall and Bradley, question my power ot at- 
torney, and claim to have an absolute control of the business of the 
heirs They support now, their absurd claim upon the authority 
from Mr. Bodisco, who assumes to claim the right of controlling 
the interests of the heirs as of the subjects of Russia supporting 
it further upon the power of attorney which (he says) your a^nt 
had executed in behalf of Baron de Thuye his predecessor. 1 he 
controversy, between them and myself, is before the Court and will 
probably be tried, in March. You may rely upon the integrity of 
our judiciary, and be certain that I will gain the day ; tor a to- 
reign minister has no right to interfere, here, in the private smts 
of the subjects of his master— when he has no power of attorney 
from the parties interested in the cause : and if any power ot at- 
torney was given to Baron de Thuye, it does not serve, and can- 
not be available to Mr. Bodisco-because-lst, the power of 
attorney is a personal trust which ceases with the life or resigna- 
ationof the person to whom it was given-2dly, because the 
powers of attorney, given to Mr. Chutkowski and to myselt, 
being subsequent, revoked the former; and 3dly, because the 
6 



42 

power £?f attorney exe.cuted by Mrs. Estko, ceased to be a power 
since her cbildren attained the full age. I make you acquainted 
with these particulars of our law, that the heirs may know how 
t)he nrjatter stands. Should they be pressed, too much, by the go- 
vernment to revoke me, let them sign that power of attorney in 
the name of Fendall and Bradley, which Mr. Bodisco sent fronji 
here. It will be set aside here, as obtained by means contrary to 
our law, and intended to injure my rights, &c. If, Fendall and 
Bradley produce it, and attempt to make use of, 1 will contest it, 
unless you inform me that the quiet pf the heirs requires that I 
,«!ubmit here my right—and withdraw. In such a case, 1 will do so 
for their sake, after securing the portion which the hejrs assigned 
to Mr. Chutkowski, and what is due to ine for my legal services 
,^nd expenses. * * * # 

G. TOCHMAN. 



No. If. 

New York, July 30, 1847. 
To m.ppolitus Estko, JCsq, 

Sir; I know that the Russian government has enjoined the 
heirs of General Kosciusko not to communicate with me any lon- 
ger. Without waiting, then, for your answer to my former letters, 
1 beg leave to inform you of the present condition of the aflair 
concerning the estate which General Kosciusko left in this coun- 
try. Mr. de Bodisco, in his ministerial character, has no right 
to, and cannot, in this country, interfere iii the private causes of 
the subject? or citizens of the Rijssian empire — which he repre- 
sents here. He could, only, act as the private agent or attorney of 
the heirs, had they given him an authority for that purpose. But, 
when the association between Messrs. Fendall, Bradley and my- 
self, from reasons which I stated in a former letter, was dissolved — 
those gentlemen in their anxiety to take hold of the business 
which the heirs entrusted to my care, suggested Mr. Bodisco to 
question (as minister from Russia) my authority, and that of Mr. 
Chutkowski ; which Mr. de Bodisco did by a petition addressed 
to the Orphan's Court, requesting that Court to stop my proceed- 
ings until the Russian government shall explain the matter. Con- 
trary as is this step of Mr. de Bodisco to the principles of inter- 
national law, I am sorry to say, it found countenance in the Court, 
and we have lost several months : for I was obliged to proye the 
genuineness of Mr. Chutkbwski's power of attorney, and of some 
letters which, Mrs. Estko, wrote to him and to myself, approving of 
my power of attorney. This difficulty, however, has already 
been cleared, and Mr. de Bodisco, will soon find out, how greatly 
he has exposed, his government and himself, to a justly deserved 
criticism. 

Mr. Reverdy Johnson, Senator of the United States in Congress, 
and a most distinguished lawyer, is, now, associated with me as 



43 

Couflsel of the heirs. Senator, Johnson, ia one of the most influ- 
ential members in Congress. I believe, then, that Mr. de Bodisco 
will find it impolitic, to interfere any longer with my professional 
pursuits — -as it would amount to an opposition to Senator, John- 
son* too. 

I beg leave to enclose and send you several cuts from the Ger- 
man and French newspapers — containing translations of editorial 
notices from the English newspapers. You will learn from them 
how the interference of Mr. de Bodisco with my rights and privi- 
leges, is considered her6 by the public. From those translations 
you will learn, also, that we have obtained an order upon Colonel 
Bomford, administrator of the estate, to appear in court on the 
2O1I1 of August next, and to show cause why he should not dis- 
tribute amongst the heirs the funds of the estate. The will of 
1S16, of the existence of which I informed you in the former 
letters, contains the following clause : " Je revoque tons les tes- 
taments et codi^jiles que j'ai pu faire avant le present-auquel seul 
jo m'arrete comme contenant mes dernieres volontes. Fait a So- 
leure en Suisse le 4 Jutn, 1816. Thadee Kosciusko.'' The will 
of 1817 has not changed nor altered the revoking clause of the 
will of 1816. That will disposes only of a therein specified pro- 
perty, leaving the revoking clause of the will of 1816 in full force 
as to other undisposed of property. I do not expect, then, that 
the administrator could show any legal cause sufficient to defeat 
our motion, which is to be argued on the 20lh of August; and 1 
hope we will obtain the order prayed for.* 



From motives stated in the following report, those proceedings have been' 
changed. 

From the ^ew York Herald. 

KOSCIUSKO CASE. 

Washington, D. C, Oct. 8, 1847. 

* This morning:, in the Orphan's Court, was taken up the interesting case 
ol'the heirs-al. law of General Thadeiis Kosciusko vs. Col. George Bomford, 
admistrator de bonis non of Kosciusko's estatie, to show cause why he should' 
not deliver up the estate to the complainants. Hon. Reverdy Johnson and 
Major G. Tochman appeared for the heirs ; and JVIessrs. John Marbury and 
Baynard H. Smith, for Col. Bomford. From mutual argument of the coun- 
sel, it appeared that Col. Bomford administers the estate under Kosciusko's 
will of 1798, and that Kosciusko revoked that will in 1816, and left, undis- 
posed of, the property being under the direction of Col. Bomford — wherefore 
the complainants claim the estate by the right of intestacy, as the next of kin 
of Gen. Kosciusko. It was contended by the counsel of Col. Bomford, that 
until his letters of administration, granted under the will of 1798 shall be re- 
voked, and until the new letters of administration, incor>?equence of the will 
of 1816, shall be issued out, the heirs have no right to compel him to distri- 
bute the fund among them. The counsel of the heirs did not deny the cor- 
rectness of this argument, but from the statement of Major Tochman, (who 
commenced the present proceedings previous to Hon. Keverdy Johnson's ac- 
cepting his proposition to become his associate couTisel of the heirs,) it ap- 
peared that such application for the revocation of Col. Bomford's administra- 
tion, &,c., was not made from regard to Col. Bomford himself, to enable him 
to settle the account upon terms ; but if this is objected to. Major T. said, he 
submits to the Hon. Reverdy Johnson, whether it would not be better to change 
the proceedings and make such an application immediately. The Hon. Reverdy 
Johnson then proposed to the opposite counsel to settle the question at issue 
by an agreement, remonstrating that if the new administration is applied for, 
Co). Bomford must deliver up the whole estate to the new administr9.tor, in- 
stantly. He then answered other objections to the opposite counsel, showing 
that the will of 1798 cannat stand, the revocation clause in the will of 1816 



44 

According to the account which the adnoinistrator filed in 1F45, 
(as I stated in the former letters) the funds of the estate at that 
time amounted to $41,914 47|. From this sum, interest for two 
years, at 6 per ct. per annum is due. And there is an error in the 
accounts, which if the administrator does not clear, will give the 
heirs over $1500 more than is stated in his last account. I ex- 
pect that the whole fund will make very near $50,000 : of these, 
$5,800 are in the stock of the Washington bank. This stock is 
now below par: — they pay it at 60 for 100: so the $5,800 in 
stock are worth $3,420. The residue of the fund will not be sub- 
ject to any loss. It is in the hands of the administrator — and it 
has been secured since I took charge of the business. We have 
^60,000 security which I consider to be good. 

The proofs which I have in hands, are sufficient to prove the 
genealogy and heirship of the Eskos branch — I have also sufficient 
evidence to prove that Martina Estko died without issue. No- 
thing is wanting to enable me to recover the moiety which casts 
upon Estkos — and as soon as we obtain the order commanding 
the administrator to distribute the estate, further legal measures 
will be taken to levy the money. 1 hope that we will be able to 
levy the moiety of Estkos, or at least some portion of it, at the 
close of this year, or in the first months of the next year. 1 re- 
peat, then, that one of the heirs should come here with a power 
of attorney I'rom others to receive what we shall levy, or 1 beg 
you and them to say how, or through which commercial house, or 
bank, shall we transmit it. I proved the hand-writing and signa- 
ture of Mrs. Narbutt, by the testimony of Mr. Rozynkowski, 
who is a cousin of Mr. Narbutt; — he is now in New York. 

If you are not permitted to write to me, address your letters 
either directly to the Hon. Reverdy Johnson, or to Mr. Chutkow- 
ski, or to Mr. T. Parkin Scott. I hope that you will be permit- 
ted to correspond with one of those gentlemen. 

In the case of Armstrong — we have nothing new. The de- 
cree against the estate is still in full force. The case will, pro- 
bably, be called in November or December. There is no doubt 
that the decree will be reversed — for the will of 1816, revokes all 
the previous wills, and of course that of 1806. But until that de- 
cree shall be reversed, the administrator has a right to retain in 
his hands the amount equal to the legacy adjudicated to xMr. Arm- 
strong, about ten or eleven thousand dollars. 

1 undertook to take charge of and to defend the interest of the 
Zolkowskis' branch — and notified them of it, and according to 
our law, 1 am responsible to them and must continue until they 
shall expressly revoke rae. I have done for them as much as 
for the Estkos' branch. Their moiety is also secured as well as 
that of Estkos. But we may not be able to recover it for them, 
until we received, 1st. the assignment by which John Zolkowski 
assigned his portion to Mr. Bychowiec. 2d, the will by which 

being conclusive. The proposed agreement as to the point at issue aforesaid, 
being not accepted, the counsel of the heirs said they will file, to-morrow, a 
])etition praying the court to revoke the letters of administration granted to 
Col. Bomford, and to issue new ones to such a person as they shall name. — 
The court then adjourned until to-morrow, 11 o'clock, A. m. W. 

CC?' The proceeding to change the administrator is depending in the Court. 

G. T. 



45 



Josephus Zolkowski bequeathed his portion to the grand chiiare.i 
of his brother Ignatius, and to Mr. Szyrma. 3d. certificates or 
other proofs of the death of Carolina, Brcgida. Anne, and Helena 
Zolkowskis, together v^ith jthe proofs that they, as 1 am informed, 

died without issue. . 

The portion of the late Iirnatius Zolkowski, (to wit: one 
seventh portion of the moiety of the estate which rasts upon the 
Zolkowskis' branch) whom Ladislaus and Hippohtus VVankowicz, 
his g,and-child.en, represent, can be recovered at the same time 
with the portion of the Estko's branch. This ,s the reason why 
I suffffested in my former letters that the Zolkowskis and Estkos' 
branches should join in the petition and pray for the transmission 
of the funds of Lithuania or to Poland, m order that the distribu- 
tion could be made there. Perhaps this plan, if there are any 
minors among the Zolkowskis' branch, should retard the recovery 
of the moiety which casts upon Eslkos, for in such a case the 
funds would be transmitted to the proper tribunal ;---but I believe 
it would greatly benefit the other branch— and perhaps it would 
be less expensive. In the last remark however. I may be mis- 
taken—as in this country the interest will be accumulating until 
we will be able to levy the funds. 

We have five surties, and there is no danger at present— tor 
each of them is a good surty. and they are responsible jointly and 
several'v I would, however, advise to the Zolkowskis' branch to 
act promptly in sending necessary proofs,— for in a commercial 
country like this,— fortunes of individuals are subject to a thou- 
sand unforseen accidents. 

Whatever Zolkowskis shall do, I will press the proceedings to 
recover the moiety of Estkos as soon as the preliminary order of 
distribution shall be obtained. 

In respect to the land, I have not commenced yet any proceed- 
ings I have only collected necessary information and papers.— 
I propose to petition Congress, to assign to the heirs another land 
equal in value to that in Ohio. 1 have changed my boarding m 
iJew York, and live now No. 663, Broadway. 

Allow me sir, to renew the assurance oi the high respeet w»tb 
which I am your most obedient servant, ^ TOCHMAN, 

P S Mr Johnson's address is as follows: Hon. Reverdy Johft- 
son "senator of the United States in Congress— Baltimore Md. 



NO. 18, 

Boston, Sept. 27, 1847. 
To Major G. TociiMAN. 

Dear Major: I have not, till yesterday, had any opportunity 
of an interview with, Col. Bomford, since my return from New- 
port 1 had left my card for him with my address, in the early 
part'of last week. I had not received any call from him in re- 
turn but on Saturday recognized him at the Scientific Convention 



46 

about closing its session, joined him after the adjournment, and 
on parting with him a[)pointed the following morning for an in- 
terview, exjires-ly with the purpose of commiinicatiug fully with 
him on the subject of the case. My last letter to him, I may 
here remark, reached Boston in his absence at Portsmouth, New 
Hampshire, followed him there, but was not received till after his 
return to Boston. The amount of delay, was such as to bring the 
time of his receiving the letter near to what he supposed to be the 
time of my departure from Newport, and he forebore to acknow- 
ledge the letter under tho expectation of soon seeing me. 

In my interview with Col. B. yesterday, 1 brought before him 
all the material portions of your communication with me, read to 
him all the printed articles which you had forwarded to me, and 
of the existence of which he had not known, translated to him 
the copy of the will of 1816, which you sent me from New York, 
read aloud to him not only your distinct history of the case from 
your second letter to me from New York, bu-t read also the pe- 
tition of which you sent me a copy from Baltimore, in which the 
same history is still more fully set forth. 1 did not even withhold 
your later letters, from New York, in which you imagine him or 
his counsel, to be cooperating in the new movement of Mr. Bo- 
disco. I believe, that he was made as thoroughly possessed as it 
was possible for him to be of the merits of your side of the ques- 
tion, and of every consideration which should alarm him in regard 
to the result, and induce a compromise ; but he persists in the 
belief, that the Supreme Court of the United States will consider 
the bequest of 1793, for charitable uses, as irrevocable by subse- 
quent wills, and he feels that he would be making himself re- 
sponsible and hazarding personal sacrifices — were he to undertake 
to enter into a compromise with the chance that, should it in any 
possible way be brought before the action of that tribunal, the 
will of 1798 might be sustained. He has no personal interest 
whatever in regard to the final destination of the funds, and least 
such an interest should be imputed to him in withholding it from 
your clients, he has placed the property in trust in the hands of 
Mr. Bayard Smith. His feelings are, however, in sympathy with 
those of Kosciusko when he made the bequest in favor of the ne- 
groes. He would never have assumed the care of the property 
but in furtherance of a philanthropic object, connected with the 
name of Kosciusko. It was for this object and not for the heirs 
of Kosciusko, that he had given his time and labor and subjected 
himself to losses, in causing the accumulation of this fund to 
nearly three-fold its original amount. The heirs, he said, "could 
not have hired him to do it for them.'' 

" Let Major Tochman know," be said in continuation, " that I 
have the greatest desire to close all these matters, but I cannot 
jeopard my estate. I have lost too much already. I am no law- 
yer. How could I come forward and act independently of coun- 
sel ? My public duties call me in various directions — to distant 
places. I am not in a position to act on my judgment in such a 
matter as this, and should not be justified in so doing. Let him 
place himself in my position, &.c. &;c " 

i^ As to any agency of * * * in any attempt to disturb 
you in your posiiion in regard to the heir?, he (Col. B.) cannot 



47 

conceive the possibility of it. If any one is participating in Mr. 
Bodisco^s movements, it can only be, he thinks, that one of your as- 
sociate counsel with whom you have had personal altercations. .=^ 
How caa you have imagined that, Col. Bomford, can have any 
sympathy with Mr. uodisco in relation to this business! Col. B. 
stands in just the same adverse relation to Mr. Bodisco hilherlo 
acting and claiming to act for the heirs as he does to you, 
claiming to act for them, exclusively. He has no sympathy with 
Mr. Bodisco, personally or politically, and is regarded by him with 
the same feeling of hostility for the ground that he has maintained 
that he is by you. 

Col. Bomford emphatically says, that he has never for a moment 
admitted a doubt of your respectability. §J=- Some persons had 
endeavored to influence him against you, but he uniformly dis- 
countenanced any suspicion of you, telling them, he had entire 
eoafidence in the judgment which he had formed of you from his 
own observations and the representations of your friends, referring 
to me in particular. He ' had heard you lectures,' &c. &c. In 
fact he had, repeatedly^ made the remark that " Tochman was the 
first gentleman — the first man of principle that had appeared in 
this matter.''''— (^l use his own expressions.).c^ 

I have began this letter at too late an hour, my morning having 
been taken up by unexpected engagements. I send it however 
hurriedly as it is written, knowing that you must be anxious to 
hear from me. I have only time to say that I have a suggestion 
to make, which I wish to give more full deliberation, and that I 
shall vyriie again in very few days.* 
Very truly yours, 

G. H. SNELLTNG. 



* The sugfijestion alluded (o was communicated to me in the letter of the 
2d of October, 1847, it will be found in the following quotation from that 
letter : 

" The suggestion, to which I referred at the close of my last letter, is this. 
Col. Bomford will undoubtedly persist in having the adjudication of the Su- 
preme Court on the subject, as you, I presume will, if the decision of the In- 
ferior Court should be against you. Now, in view to the uncertainty as to 
what the decision of the Supreme Court may be, might not a mutual friend of 
the two parties suggest a compromise to he agreed upon previously, and bind 
the two parties iiidepenilantly of that decision whatever it may be. 

Why might not, Col. Bomford, with the most friendly intentions towards the 
objects of Kosciusko's benevolent purposes, in view to the chance of all being 
lost to them by the decision of the Supreme Court in favor of the heirs, feel 
justified in enterinj; into an arrangement which would secure a portion of the 
lunds for them ; and why might not you act under the force of the same con- 
siderations? This would require only the previous absolute identification of 
each and all of the heirs, or the giving of ample security to Col. B. and his 
representatives, against the demands of all persons whatever growin g out of 
this trust. 

you can give your view upoa this suggestion in your own time. 
1 remain very truly, and respectfully yours in haste, 

G. H. Si\ELHNG." 



270- 19< 

To George H. Snelling, Esq. ^ , 

Boston. \ Washington, October 5, 1827. 

My Dear Friend, 
I am glad to learn that you have comnittnicated to Col. Bom- 



48 

ford my letters, but I fear lest he sliuU consider some parts of them 
to be intended to intimidate him, to induce a compromise. You 
should have told Col. Boniford, that I communicated to you, the 
facts of the case, ami of its proposed proceedings in the premises, 
merely to enable you to confer with him on the subject of the 
proposed compromise. Such compromise as you have suggested 
ill your last letter, cannot be accepted on the part of my clients. 
They will not give a single cent by the way of compromise in be- 
half of the trust, which their kinsman Gen. Kosciusko, revoked: 
although, I know them to sympathize with the philanthropy of 
llie cause, and they may do something hereiifter, spontaneously. 

Their counsel could only accept from Col. Bomford, the pay- 
ment o( the funds by instalments, if we can agree upon the terms 
and the security. If we cannot agree upon that, the course of law 
must decide the respective rights. 1 venture, however, to suggest 
peremptorily, the following proposition. Let Col. Bomford set- 
tle the account, and compromise the matter with us — subject to the 
decision of the Supreme Court of the points of the defence, which 
Col. Bomford proposes to make. But even this, we could accept 
only, if by agreement of the counsel, the controversy shall be car- 
ried and submitted to the decision of the Supreme Court, at its 
next term ; the first instalment to be paid immediately after the 
decree. If Col. Bomford, shall not accept this proposition, of 
course, we must do our best to levy the whole fund at once in such 
time and manner, as the law will authorise us. To maintain that 
the will of 1816, cannot affect those of I79S and of 18U6, is con- 
trary to reason and common sense. Gen. Kosciusko in his will 
of 1816, revoked positively, and without exception, all the wills 
which he might have previously made. And he did not make any 
other wills before 1816, except those two of 1798 and 1806. If 
then, he did not mean to revoke those two wills, (the only that 
he made before 1816,) I ask you, what for he inserted the revo- 
catioii clause ? As to the letter which Kosciusko wrote to Mr. 
Jefferson, — this letter has never been produced — but Mr. Jeffer- 
son in his letter to Mr. Poletika, then minister from Russia, 
(which Mr. Lear filed as exhibit, in Armstrong's case,) expressed 
himself as follows : " 1 delayed for a considerable time, the reg- 
•" ular probate of the will, (meaning of the will of 1798,) expecting 
"to hear from Europe, whether he, (meaning Kosciusko,) had 
"left any will there, which might affect his property here. I 
^'thought that prudence and safety required this, although the last 
"letter he wrote me before his death, dated September 15, 1817, 
" assured me of the contrary, in these words : — Nous avanson 
*' tons en age, c' est pour cela mon cher et respectable ami que je 
" vous prie de vouloir bien (et comme vous avez tout le pouvoir) 
*' arranger qii apres la mort de notre digne ami Mr. Barnes, quelq' 
"un d'' aussi probe que lui prenne sa place, pour que je regeive les 
" interets ponctuellement de mon fond, duquel apres ma mort 
*' Vous savez la destination invariable, quant a present faites pour 
" le mieux comme vous pouvez." 

I have inserted the French literally, with all the errors^ as it is 
in the printed case which I have before me. Should you wish 
to read the whole letter of Mr. Jefferson, you will find it, 8, 
Peters' Reports, in the case of Armstrong vs. Lear, page 52. It 
is upon the underlined words, said to be the words of Kosciusko, 



49 

that Col. Bomford proposes to built up his defence. Now, my 
friend, until Kosciusko's letter is produced, nobody can tell what 
those words mean; Mr. Jefferson's construction of these words, 
(being written when the existence of the will 1816, or at least its 
contents, were not known lo him, as it appears on the face of his 
own letter,) cannot be considered as correct — and were it correct, 
this letter is no legal evidence in the premises. But, for the sake 
of argument, I admit that those words express the intention of Kos- 
ciusko, to revoke the will of 1816, and to republish that of 1798. 
1 go further,^ I admit that this letter shall be produced, that it will 
be proved, and that its tenor will show, conclusively, that such 
was actually the intention of Kosciusko. Admitting all this to be 
so — ^^yet the will of 1816, and its revoking clause, must take the 
effect — for Article 1035, of the Civil Code of France, says : "Les 
'^' testaments ne pourront etre revoques, en toutou en partie, Cfue 
*' par un testament poslerieur ou par un act devant notaires por- 

lant declaration du changement de volonte''^ As to the forms 
required in France, to make the will valid, 1 refer you to the Article 
967, and subsequent conjointly with the Article lOOI, of the 
Civil Code, of which the last is as follows :—'' Les formalite's 
" auxquelles les divers testamens sont assujettis par les disposi- 
" tion de la presente section et de la precedante, doivent etre ob- 
servees, a. peine de nulite." I may be asked why I apply the 
French law in the premises. My answer to this is, that it is the 
settled principle of the law of this country, that the domicil of the 
testator at the time of his death, is the test of the validity of his- 
will, disposing of a personal pro-perty, wherever he might have left 
his property, and in whatever country the will may be executed, 
(see§ 468, Story's Conflicts of Law.) For proof, that Kosciusko's 
last domicil was in France, and that he died at Soleure, in Swit- 
zerland, while he was returning from Vienna to France — where was 
his home, I refer you to the contents of the exhibits, which Mr. Lear 
filed in the case of Armstrong, theretofore mentioned. But should 
we apply to the case, the law of Lithuania, where Kosciusko wa? 
born — or the law of Switzerland, where he died — or the law of 
Virginia, where he made the will of 1798 — in all, and each of the 
cases, the result would be similar — for all these laws enact, that a 
will can only be revoked by another formal will, or by cancella- 
tion. 

In regard to Col. Bomford's saying that the funds of the estate 
have nearly tripled in his hands, I do not wish to make any impu- 
tation to him, for I know thai the accounts which he filed in the 
Court, were prepared by others. But the fact is, that upon the 
death of B. L.Lear, in 1832, Col. Bomford received into his hands, 
in stocks and in cash, !^3l,790 37|, — out of this sum were lost 
g4,600, in the stock of the bank of Columbia. He should then 
account for $27,038 16, with the interest therefrom, since 1832, 
to be computed every six months, which should have increased 
the estate to the sum of more than $60,000. Yet, in the last ac- 
count filed in 1845, Col. Bomfoid acknowledges the balance due, 
only in the sum of $41,914 47 1 — although there were no losses 
except the $4,600, which I have deducted above.* 



* There w^s a loss of $250 more, on a mortgage. 
7 



50 

This day was fixed for hearing our motion, why Col. Bomford 
should not deliver up the estate to my clients, but we postponed 
it until Friday, the hth instant; the Hon. R. Johnson having an 
engagement in Baltimore, which did not permit him to be here 
to-day. 

I have been, perhaps, too prolix in my answer to your letters, 
but it is so, because I wish you to knaw the merits of the case, 
and our ultimate views — should you, guided by friendship to the 
parties, wish to resume the negotiation. 

Allow me to add, my best respects to your esteemed mother. 
And accept the assurance of my consideration. 

Your friend and servant, G. Tochman. 



"Bill Quia Timet:' 

No. 444 — Chancery. — To the Honorable the Circuit Court 
for the County of Washington, in the District of Columbia, sit- 
ting in Chancery. 

Romanus Estko, Hippofitus Estko and others, next of kin and 
the only heirs at law and distributees of General Thadeus Kosci- 
usko, deceased, all residing in Poland, 

Humbly complaining, show unto your Honors: That Col. Geo. 
Bomford, of the city of Washington, in the District of Columbia, 
was, on the 9th day of December, 183*2, duly appointed adminis- 
trator de bonis non of said Thadeus Kosciusko's estate, which 
said estate in November, 1845, amounted to the sum of $41,914 
47^, as it will more fully appear from said George Bomford's ac- 
counts of administration (filed in the Orphan's Court for the city 
and county of Washington on the 20lh day of August, and on the 
14th day of November 1845,) being now in this Court with the 
papers filed in the case set forth on the docket of appeals No. 390; 
which said accounts ihe complainants pray, may be referred to as 
if they were fully set out herein. 

They further show, that said George Bomford administrator, 
taking the letters of administration of said Kosciusko's estate, on 
said 9th day of December, 1832, aforesaid, filed in said Orphan's 
Court an administration bond in the penalty of $56,000, with 
Robert Leckie and Julius De Lagnel as his sureties ; — and after- 
wards, viz : on the 7lh day of May 1846, he (said George Bom- 
ford) filed an additional administration bond in the penalty of 
$20,000, with. James Canico and Samuel Stott as his sureties : 
And they further show, that said sureties to ihS original adminis- 
tration bond of said George Bomford, viz : Robert Leckie and 
Julius De Lagnel — both died insolvent; and that the joint es- 
tates of said James Carrico and Samuel Stott, sureties to the ad- 
ditional administration bond aforesaid, are assessed in the books 
of the corporation of Washington at $21,400 only, being the ag- 
gregate of only $1400 more than the amount of the penalty of the 



51 

additional bond to which they are sureties : All which aforesaid 
circumstances show unto your Honors, that there is no security 
to said George Bomford's administration bond, filed on said 9th 
day of December, 1832, in the penalty of $56,000; — and that 
the security of said George Bomford's additional bond of admin- 
istration, in the penalty of $20,000, given by two men (James 
Carrico and Samuel Stott) whose property is assessed at $21,400, 
is wholly insufficient and inadequate to secure said Kosciusko's 
estate, amounting to ^41,914 47|, as aforesaid. 

The complainants further show, that interested as they are in 
the safety of said Kosciusko's estate, they caused inquiries to be 
made as to the value of the property of said George Bomford, ad- 
ministrator, whereupon they found out that his property is assessed 
in the books of the corporation of the city of Washington at 
^38,706 only, and that out of this so assessed property, said Geo. 
Bomford sold a large portion to the value of $17,000 at least; 
and he sold also his estate called Kallorama, near Georgetown : 

Thus showing unto your Honors, the insufficiency of security 
to said George Bomford's administration bonds aforesaid — and 
also the insufficiency of the actual value of his own property to 
secure said Kosciusko's estate ; the complainants further say, that 
they have reason to believe, and do really believe, that said George 
Bomford, administrator, has abused, and transgressed the duties 
of administrator of said Kosciusko's estate: as it appears from 
his last two accounts aforesaid, that, said George Bomford, ad- 
ministrator, has collected and holds in his hands $32,404 37|, 
being a part of said Kosciusko's estate ; — and the complainants 
have reason to believe, and do really believe, that said George 
Boraford, administrator afterwards, viz : after filing said last two 
accounts, collected $500 from Mr. Roach, $1,700 from Mrs. 
Wood, and $1366 67h from Mrs. Williamson. All which suras, 
amounting to $35,970 67^, said George Bomford, administrator, 
retains in his hands — whereby he has greatly endangered the 
safety of said Kosciusko's estate, as he has not given, for the 
sums so collected and holden in his hands, any other security 
except his two bonds of administration, which, as it has been 
theretofore shown unto your Honors, are wholly insufficient and 
inadequate to secure said Kosciusko's estate. 

The complainants further show, that on the 29th day of Septem- 
bei, 1846, they filed, in the orphan's court, for the city and county 
of Washington, a petition praying said court, that said George 
Bomford, administrator, be required to give further security ; that 
said orphans court dismissed their said petition on the ground 
that it seemed the said orphan's court, that the additional adminis- 
tration bond in the penalty of 20,000 dollars, and the personal re- 
sponsibility of said George Bomford, administrator, are sufflcient 
to secure a fund amounting to about $42,000 ; — that said decision 
of the orphan's court being contrary to law and equity, and ad- 
variance and inconsistent with the facts on the record upon which 
it perports to rest, the complainants have appealed therefrom to 
this honorable court, which said appeal is pending on the docket 
of appeals. All which facts and grievances will more fully ap- 
pear from the record of said orphan's court, filed in the court as 



62 

aforesaid, which the complainants pray may be referred to, as if 
it were fully set out herein. 

And they further say, that they have reason to believe, and do 
really believe, that their said appeal cannot be reached during 
this term of your honors court, and the counsel of said George 
Bomford, administrator, refuse to set it for argument by agreement: 
Wherefore, the complainants further say, that they have good rea- 
son to fear, and do really fear, that before the appeal aforesaid 
shall be called in the regular course of business of this honorable 
(Gourt, the whole Kosciusko's estate may be utterly wasted and 
lost. 

They further say, that there is a suit depending in this honorable 
jCOHrt, between the complainants and said George Bomford admin- 
istrator, in which said complainants claim the whole Kosciusko's 
.estate as his only heirs-at-law, and distributees, as it will more 
fully appear from their bill filed in this court, in 1835, which the 
complainants pray may be referred to, as if it were set out herein : 
— Showing thereby that the depending of said suit and all other cir- 
jC.unistances set forth in this bill, give a full jurisdiction and control 
.over the case unto the court of your honors, the complainants say 
that they are advised, and do really believe, that only the protec- 
tion of your honors, can save said Kosciusko's estate from total 
waste and loss ; wherefore they file this Bill Quia Timet, and 
humbly pray that your honors, order said George Bomford, admin- 
istrator, to bring unto the court of your honors, all the monies 
jbelonging to said Kosciusko's estate, to the end, that your honors 
piay have them under your power and control for the use of said 
complainants, claiming the whole estate, and thereby save said 
,eslate from the waste and loss as aforesaid ; and they further pray 
for such relief as your Ijonors may think fit ?ind proper — and they 
?vill ever pray, &.c. 

, JOSEPH H. BRADLEY, (*) 

G. TOCHMAN. 

For the Gomplainants| 
2 Story s Eq: §§, 826, 827, 839, 84 L 

Circuit Court for the District of Columbia, S. S. 
Be it remembered that on the 3d day of December, 1846, in 
ppen cQurt aforesaid, personally appeared Gaspard Tochman Esq., 

* Mr." Bradley was signed by n^e to this bill upon general authority as 
my then associate. But having disagreed in taking this measure against the 
administrator, an authority was given at the clerk's desk, to strike his name 
off if he shall require it, G, T. 

fTo Col, W.Brmt, Clerk of the Circuit Court for the DisH of Columbia^ 

Bomanus Estko and others, '^ 

vs. I Chancery case, No. 444. 

George Bomford. administrator de bonis non f 
,of Kosciusko's estate. J 

Col. Brent v?ill please to dismiss the Bill Quia Timet in the above entitled 
.case— the defendant having filed further security for the administration. 

G TOCHMAN. 
On the outside Ordered to strike off. 
Filed 9th March, 1847. 

True copy, 

Test W. Bbent. Clerk. 



53 

who being duly sworn, and according to law says, that acting as 
attorney and agent of Romanus Estko and others ; the said Gas- 
pard Tochman made inquiries as to the facts stated in the Bill 
herein before set forth , and he further says, that relying upon the 
information collected thereon he does really believe, that said facts 
are true and correct. ROBERT W. BRENT. 

No. 444. 

Written on the outside — Col. Brent will file this, and issue 
thereon, &c. G. TOCHMAN. 

Filed 3d December, 1846. 

True copy, Test. W. Brent, Clerk. 



No. 21, 

(Translation from the Polish.) 

New York, February 28, 1846. 

Esteemed Sib : The United States Congress, has been so 
much engaged with the questions concerning the Oregon terri- 
tory and the difficulties with England, that it was impossible to 
obtain the passage of the act concerning the administrators, as 
soon as I desired it. We have, however, already obtained this 
act, and I send you a copy of it. The third section authorizes 
the Orphan's Court to compel the administrators to give new se- 
curity: — which the Court had no power to do under the former 
law.. Should, Mr. Bomford, refuse now to file new seeurity, (be- 
sides other remedies,) we can enforce ic by attaching his body, 
and keeping him in the prison until he secures, or brings into the 
Court, the moneys he owes to the estate. Other pressing busi^ 
ness required me to leave Washington before any thing could 
have been done under this act. But should it be necessary I will 
return there in ten days, and press the matter, — for should Mr. 
Bomford dispose of his property and die, it would be difficult to 
find it out, and recover the funds of the estate, which are now 
mixed with his property. And as he is an old man, we cannot be 
indulgent in the premises— ^for the remedy by attaching the body, 
the most effectual in our case, would be lost with his death. 

Ml. Kosciusko Armstrong excepted to the jurisdiction of the 
Court. This exception has been overruled, and further proceed- 
ings go to the merits of the case. But this suit will not be de- 
cided before November, because the copy of the will of 1816, (by 
•which General Kosciusko revoked the former wills) which I found 
amongst the papers of Zeltner,* is not executed in the form as re- 
quired by our law. We must apply for a commission to take an- 
other copy — from the original being in France ; and as the Court 
is not in session now, we must wait until April. 1 enclose here 
rny reply to Mrs. Catharine Estko's letter, which reached me this 
morning. Please to send it to her together with the letters which 
I wrote to you, as 1 have no time to write another liistory of the 
causes^ — the steamer sailing from Boston tomorrow, and the mail 
here closing this day at 2 o'clock, p. m. Should the heirs be 
compelled to accept Mr. Bodisco's proposition to supersede my 

• I wrote Zeltner's name by mistake, it should be— Klimkjewicz: G. T. 



54 

power of attorney — I will not give up from my control their bu- 
siness, until 1 receive answers to my letters, from Eetkos and 
from Mr. Bychovviec, addressed directly to me, and requesting 
me to withdraw. 

Accept, sir, the assurance of the highest respect — from 
Your most obedient servant, 

G. TOCHMAN. 
Mr. HippouTUS EsTKO, tsq. 



NO. 22. 

Hon, John H. McHenry, 

Dear Sir : Perhaps I intrude too much upon your kindness — 
but if so, I can offer no other apology than that I am acting in 
behalf the heirs of this same General Thadeus Kosciusko, who 
bled for our mutual freedom. He left in this country some thou- 
sand dollars which he had brought from Poland. This money 
belongs now to his next of kin, who are the grand children of his 
two sisters. They commenced a suit for its recovery in 1823, 
and owing to the neglect of their former counsel, this whole fund 
is now in snch a precarious condition, that it can only be saved 
by a speedy action under the provisions of the law which we de- 
sire to obtain. Should the bill be acted upon under the rule of 
common proceedings as your Honor told me yesterday, the heirs 
may lose every cent of the moneys owing them. And should 
this happen, it would grieve me exceedingly, not only as a Pole 
by birth — but also as an American citizen by naturalization — and 
as a legal counsel of the claimants. I hope that you will please 
to take this matter under due consideration ; I beg you in the 
name of the heirs of the illustrious soldier of the revolutionary 
war of this country, to state only the nature and urgency of our 
application to Congress, as i have not the least doubt that if you 
do so, the House will suspend the rule and pass the bill. I am 
confident, sir, that there is not a heart in the House capable to 
oppose your motion, when it be accompanied by an explanation 
of the above stated facts. 

With the assurance of my respects,* 

I have the honor to be, your obedient servant, 

G. TOCHMAN. 
Washington, Feb. 5. 1846. 



NO. 23. 

Major G. Tochman — 

Dear Sir : — I have delayed my answer to you for a few days, 
in the hope that 1 might be able to communicate more agreable 

* The act prayed for passed both Houses a few days after the date of this 
letter. It was signed by the President on the 26th of February, 1846. On 
the same day I obtained its exemplication from the State Department, and 
handed it to Mr. Bradley, requesting him to proceed against the admin- 
istrators, to get new security, as stated in the petition. G. T- 



55 

information than I had on its receipt. There is but little chance, 
however, for the better. 

During my absence in the west, without communicating tlie 
fact to iVlr. Fendall, the judge of the Orphans Court having 
taken the advise of councel, and being thus satisfied, that the real 
estate of Robert Leckie, which desended to his heirs, and was 
worth about $20,000, was still liable for any breacli of Bomford'^ 
bond as admi."istrator of Kosciusko, took trom him an additional 
bond in the sum of ^20,000 only. 1 believe the surtie's in this 
bond are good. But so soon as I ascertained this, I applied to 
the judge for further security, on the ground, that if Leckie's es- 
tate was liable in the hands of bonafide pnrchasers from the heirs, 
without notice, a proposition which I utterly deny, yet the whole 
nominal security did not amount to the principal sum now in the 
hands of the administrator, and he promised to have him before 
him to give further security. He has been absent since then, 
part of the time a least, if not all, and I have been unable to el- 
fect this. 

The matter is still before the judge. (*) 

Again the Court intimated to me, that they had made up their 
minds in Armstrong's case, and we must file an answer. Mr. 
Coxe moved to dismiss our Bill vs. Bomford and others, and the 
Court said it must be amended, anrf he demurred to our Bill of 
Review, (f) I have succeeded in fighting off all these matters till 
the next term, and in the meantime he mislaid the list »f com- 
missioners to take the testimony^ which I handed to* him to 
"strike, and file up'' — since the court adjourned he and them 
both looked for it in vain. 



* Nothing was done in the premises mMW September, 1847 — when 1 came 
to Washington, and personally attended to the business. G. T, 

fNo bill was ever filed in the Circuit Court vs. Col. Bomford, by Messrs. 
Bradley Fendall and myself. There were two bills, depending in that court, 
which Messrs. Swann and Sampson filed, one in 1827, and another in 1835; 
both these bills were to be dismissed, because of our having adopted (previ- 
ous to the date of this letter) another course of proceedings zrs Col Bomford; 
— to wit: because of our having concluded to enforce against Col. Bomford,. 
the revoking clause of the will of 18 16 theretofore refered to, in the execution* 
of which new plan of proceeding, a petition was filed in the Orphan's Court 
on the 2d day of December, I8l5y to wit: & m'onths previous to the date of 
this strange "letter : — 

As to the demurrer tomir" Bill of Review,'"' the annexed hereto extract from 
the chancery docket will show, that it was entered on the 15tb of February, 
1847, eight months after the date of this letter. G. T. 

Extract from the Chancery Docket. 
No. 400 Equity. 

Roman Estko and al ~1 184", December 1, BiM filed to Review 

vs. I No. ^17. 

Kosciusko, Armstrong and G«orge ! " '• Ord. of Court suspending 
Bomford, Administrator de bonis .' Decree in 317. 

non of Thadeus liosciusko. j 0:3-1847, Feb'y. l5,Demiurrer. f 

J " March 8, Dein'r. set fur .drg^t.4:^ 
Messrs. Bradley, Fendall and Toch man 

Solicitors for Complainants 
Messrs. Coxe and Schell, 

SoUcitors for Defendants. 

Test. W. BuENT, Clerk, 

X This is the same demurrer fo which reference has been made m my ori- 
ginal petition, pages 6, 7, 8, 9. G, T. 



56 

Mr. Bodisco says he never received the answer of the Estkos 
to the Bill of Klimkiewicz. If we had that, we could see what 
course to take to get an answer to Armstrong's Bill. My own 
impression is, that Romanus Estko ought to come here withont 
delay. This will be by far the mast expedicious and certain course, 
and unless he doesxome, I greatly fear, that the next term of the 
court will find us equally unprepared as now, ^^and the court 
will peremptousli/ diamiss the Bill filed by the Estkos vs. Bomford 
and others ; and also the Bill of Review^ filed in Armstrong's case, 
and give him a decree. This last I fed confident ivill be the 
case, unless we can get an answer on by that time, and I under- 
stand from Mr. Coxe, that he will not agree to receive unless it is 
under oath<^ (*) 

As to the commission to take testimony, I can get that without 
difHcuty, I believe; but I do not think it will avail us unless we 
can get the answer in time. Let me hear what you think can he 
done about this? I ought to have mentioned that immediately oa 
the receipt of your letter. I applied through Mr. Eendall to Mr. 
Bodisco for his aid in getting that answer, and he says it cannot 
be had under eight months. 

Yours very truly, &c. 

JOSEPH H. BRADLEY. 
June 18, 1846. 

P. S. "Please to sent me a rtew list of five commissioners." 

J. H. B. 

NO- 24. 

New York, June 26, 1846. 
Joseph H. Bradley, Esq. 

My Dear Sir : — I concur with you in the opinion that the 
estate of the deceased, Robert Leckie, cannot be made liable for 
the administration of Col. Bomford, and I beg you to insist, that 
the Colonel be compelled to give bond and security, in the amount 
the heirs are entitled to. The name of Kosciusko belonging to 
the history, the funds which he left in this country can^'but be 
watched by all biographers of bis life— and it would be shameful, 
and would arouse indignation of public opinion here, and in Eu- 
rope, should the heirs, (after being exposed to a litigation for twen- 
ty-hve years,) lose the boon which he left them in this country: 
because of indulgence to accommodate the administrator. I need 
not, I am certain, to stimulate your good wishes for our clients^ 
but with my duties of attorney, and one of the counsel of the 
heirs, are connected recollections, which I hope, will gain me 
your indulgence, for taking up this subject with a feeling I express 
here. In regard to the answer in Armstrong^ case, I cannot un- 
derstand why the Judges "intimated to" you, that we should /He 
the answer when the suit has been brought before the Court by a 
Bill of Review. I consulted on the subject with our Vice Chan- 
cellor, with the Hon. Benjamin F. Butler, and some other friends 
practising in Chancery, and not one of them could make up his 
mind, why the Judges required such an answer, as you state, in 
your letter- But all are of the opinion, that if ouri5iZ/or any An- 
siver sho uld be made upon oath, it can be done by the agent of 

* See exhibit No. 24, which is my answer to this letter. G. t. 



57 

the heirs, Mr. Chutkowski, as he rs as much in the possession of 
the facts, which are to be discovered, as any of the heirs, and per- 
haps more than any of them — ^he having had niuler his care their 
clnim for several years, as their cousin and agent. I submit this 
to your consideration, and beg you, to let me know your, and Mr. 
Fendall's opinion in this respect.* As to your advice, that Ro- 
m'an Kstko shouUI come here before the next term of the Court, 
it is impossible that it could be done. The whole of Poland is, 
at this time, in the state of great political excitement, and therefore, 
the Russian government would not permit any Pole to go abroad, 
and especially, it would not permit to one of the relations of Kos- 
ciusko, to go to this country. But, were it even possible for Mr. 
Estko to obtain such permission, our letter requesting him to come 
here, could not reach him in a shorter time than four or fi^e 
months, asvve could not venture to address it directly to him ; for it 
would not reach hinr, and could expose him to the persecution of 



* It will be seen from the letters of Mr. Bradley to me, (marked No. 25, 26,) 
that these queries were not answered. A lew weeks alter the date of those 
letters, I came toWashin^ton, and upon the examination of the papers of this 
case, found out that Mr. Bradley did not aver in the bill of review which 
was drawn by him, that the heirs of Kosciusko did not know — before the date 
of the dedree prayed to be reviewed — of the existence of the will of 1S16, re- 
voking all the previous wills, and of course that of 1806, upon which, said 
decree rests. The omission of that averment heing fatal, I called his and Mr. 
Fendall's attention thereto, and proposed the immediate amendment of the 
bill. On this occasion Messrs. Fendall and Bradley answered me, that the 
statute of Maryland of 1795, chapter 88, changed materially the form of the 
bills of review and the proceedings thereon — when the complainants to the 
bill are no7i residents, and pray to review a decree, passed upon the bill — 
taken pro confesso — to which they were made parties, defendants hy procla- 
mation, as was the case in this cause. Messrs. Fendall and Bradley further 
maintained that the bill of review which I questioned, was within the forms 
required by that statute, and that, pursuant to the practice of the Circuit 
Court for the District of Columbia in similar cases, we have to file an answer 
to the original bill of Armstrong, as if no decree was obtained by him. Al- 
thou'gh such a construction of the statute (appealed to by Messrs. Fendall 
and Bradley) seemed to me to be inconsistent with the principles of the gen- 
eral Chancery practice, I yielded, because of Mr. Bradley's having repeated 
what he had stated in his letter to me, marked (No. 23) "the court intimated 
to me that they had niade up their minds in ^rmstrong''s case, and we must file 
an answer." I insisted only upon our filing that answer sworn to by th«i 
agent and cousin of the heirs, being in this country. This being agreed to, 
Mr, Fendall drew the answer, I copied it, Mr. Chutkowski swore to it, and it 
was regularly filed on the 1st of October, 1846. In February ,^ 1847, (a? the 2d 
note to the exhibit marked No. 2.3 shows) our bill of review was demurred 
to bvArmstrong's counsel on the very ground of its imprefections to which I 
had called the attention of my, then, associates. This demurrer was ruled good, 
and our bill of review dismissed with cos's. As to the answer, the court did 
not take any notice of it. It remained an useless paper on its files. This 
is the answer Mr. Fendall, in his letter to Mrs. Estko, (which Mr. Bradley 
published in his pamphlet entitled "G. Tochman,") seems to make much of. 
In that letter, Mr. Fendall, alter having liberally enlarged upon my incapa- 
bilities of conducting any legal business, 8tc., appeals to the manuscript of 
that answer being in his hanits, to prove that he dreiv it, and that I copied it 
from his manuscript. I have never claimed, nor thought ot claiming, fo be 
llie author of that answer, and I have given this short axposition of its origin 
and merits, to show what nifiterials and what unfair means have been resorted 
to by " the Imperial Counsellors" to aid Mr. de Bodisto in his efforts to at- 
tain his pofttical ends. This case of Armstrong, is the same which has been 
alluded to in my original petition — pages 6, 7, 8, 9 ; in my letter to Mr. de 
Bodisco, a copy of which is annex<?d to that petition, pages .31, 32, 33 ; and in 
a letter to said Mr. de Bodisco, annexed to this rejoinder, pages 33, 36, 37. 
The decree praye(| to be reviewed, adjudicates to JMr. Armstrong, out of 
8 



the government. We would be obliged to send our letter through 
the office of Mr. Bndisco,to St. Petersburg, from thence it would 
be directed to the proper authoriiies in Poland, and through them 
to Mr, Estko. This is the only way at this time, through which 
our letter could reach him. Again, Mr, Eslko ciiuld not start for 
this country immediat dy after the reception of our letter. He 
would be obliged to apply for a passport to the proper authorities 
in Poland — and for its approbation to St. Petersburg, which 
would require another four or five months to obtain it. So with 
the utmost diligence, Mr. Estko could not come here before July 
or August of the next year. I beg you to take this matter under 
considerstion. We can prove these facts by an affidavit, if neces- 
sary, which would give us an equitable right to gain time, to con- 
tinue Armstrong's case, as well as that of Bomford, should Mr. 
Coxc press the matter before we are duly prepared. But, in my 
opinion, this measure to gain the time, should be the last. We 
should try first to proceed under the Bill or Answer, which of the 
two may be necessary, sworn to by Mr. Chutkowski — if this can 
be attained, as I believe it can be in our case, and under the cir- 
cumstances which surround it. The answer of Estko, to the Bill 
of Klimkiewicz, was sent from St. Petersburg to Washington, in 
August or September, of the last year. If, therefore, Mr. Bodiseo 
has not received it, (as he says,) it must be in the State Depart- 
ment, and I beg you to inquire, and ascertain there, who took it 

Kosciusko's estate, a )egacv amounting; (vVith the interest) to a sum of over 
$10,000, which Mr. Armstrong claims under a will of 1806, which is void, 
and had been revoked by the will of 1S16. That decree was obtained upon a 
bill to which the hens ot'iiosciusko, as has been already stated, were made 
parties defendants by proclaniaiion, which was issued out at the time when Mr. 
Feiidall had under his care their causes under the authority from Mr. de Bo- 
disco. Ml". Fendall did not appear for the heirs, and Mr. Armstrong ob- 
tained that decree by default against them. Had I not happened to have been 
retained by the cousin and agent of the heirs, (Mr. Chutkowski,) and had i 
not come toWashmgton in November, 1S45, to take charge of their causes, 
that legacy would have bnen paid over to Mr. Armstrong on the 1st of Jan- 
uary, \S-l6; for there was an order of tlie Court commanding tne atlminis- 
trator ot the estate to pay it to Mr. Armstrong on that day. The bill of re- 
view shows that the execution of that decree had been sus[)ended after I 
took charge of the causes, and associated niy?elf with Messrs. Fendall and 
Bradley, under my power of attorney from Mr. Chutkowski, which was 
then approved of by the heirs themselves. Have not this $10,000 been saved 
through my timely interference? That bill of review has been dismissed — 
from motives theretofore set fortl) — but it will be seen from the exhibits 
(marked No. 28, 29) that the Hon. Reverdy Johnson and myself have takefi 
measures to correct the error of Mr. Bradley, which exposed my clients to a 
new danger of losing those ^10,000. All these facts, as well as those others 
stated in my letters to Mr. de Bodiseo, (written in self-defence of my rights' 
and privileges,) are facts being upon the records of the Court. Messrs. Fen- 
dall and Bradley, however, fancy to denoiuicc them to be "atrocious mis- 
representations,'' and Mr. Fendall, as has been already seen in another place, 
concludes his letter to Mi's. Estko: "If, however, it should be your wish 
that Mr. Bradley and myself should a^t for you, you have no time to lose in 
executing and transmitting to Mr. de Bodisco the power of attorney 
WHICH HE sent TO YOU." This letter was forwarded to my clif nts through 
the medium of the Russian Government, and coercive measures have been 
used to com;iel my clients to sign the power of attorney Mr. Fandall refers 
to. Is that not a direct interference of Mr.de Bodisco (in this country) with 
my rights and privileges as an Amertcan citizen, to attain the political ends as 
stated in my petition? Are not Messrs. Fendall and Bradley the instruments 
ol Mr. de Bodisco to attain those political ends ? G. T. 



59 

from the office, or to whom it was directed. I believe that Mr. 
Trist, will be able to give you full information on this subject. 
The names of the commissioners, whom I recommended to you 
during my last stay at Washington, are the following : 

1, Leonard Chodzko, 9 St. Germain des pres. 

2. Robert Walsh, Esq. 

3 Samuel Fisher, Esq., known to Mr. Walsh- 

4. VVolowski Avocat. 

5. Mr. Roulhier Avocat a la Oour de Cassation. 

I beg you to issue, and send this commission without further 
delay. It is impossible, it is true, to have it returned before the 
next term of the Court. But I believe that the fact of the com- 
mission being issued and sent out, proved by an affidavit, will en- 
title us to the riyht of gaining further time, should Mr. Coxe wish 
to take advantage of the accident^ which did not permit you to 
send ii out sooner. I received a letter from the heirs, but its date 
shows I hat it was put in the post-office, before the troubles in Po- 
land. To my letters of January, I have no answer, and I do not 
expect now any, until the local circumstances in Poland shall 
change. 

Please to inform me, how soon comes the next term of the Court. 
When you send ihecommission,please to inform me to whom it shall 
be directed, that I may write, by the steamer which will carry the 
commission, to some of my friends to attend to this business. 
1 am very sincerely. 

Your humble servant, G. Tochman. 

NO. 25. 

Major G. Tochman — 

My Dear Sir: 1 wrote you several days ago, and you ought 
ere this to have received it. So far I am sorry to say I have not 
been able to do anything more, and the affairs stand in statu quOy 
Indeed I have not been able to see Mr. Coxe since then, nor could 
I have effected any thins: with him unless I had heard from you. 
The Judge of the Orphan's Court still relams his impression that 
Leckie's estate is liable, and that in addition to the new bond 
would be good security for the amount in hand at this time. 

Trusting to hear from you in reply to my last, as soon as you 
can get time. 

I am, very respectfully, your obedient servant, 

JOSEPH H. BRADLEY. 

June 32, 1S46. 

P. S. I perceive your letter bears date the 18th, but is post- 
marked the 20th.* J. H. ii, 

NO 26 

Major G. Tochman — 

My Dear Sir : I am now obliged to write without going into 
detail. The Orphan's. Court has done nothing. I fear it will not 

•This refers to the letter, No. 24. The date of the 26th, thereon printed, 
is a typographical error: it should be June 20, 1846, as it is on the copy, 
being in my hands. G. T. 



60 

do to rely upon the answer being sworn to by Chutkowski — we 
can try in extremis- Mr. Coxe lias just informed me he has sent 
the list for commissioners to Mr. Scliell. 

I have been absent from home for a few days, and on my re- 
turn was and am so busy, I have not been able to examine 
thoroughly the rule about answers of absent delendants. Mr 
Fendall has examined it more carefully, and concurs with me 
that there is little reliance to be had in this. 

We have another chance — the bill of Mr. Armstrong has been 
lost off the files or mislaid, and we have so far hunted for it in 
vain. Of course it cannot be answered until it is found. 

1 will write further if it comes to light. In the nieau time can 
you see Mr. Schell ? 

I remain very respectfully, your most obedient servant. 

JOSEPH H. BRADLEY. 

July 13, 1346. 

NO- 27 

Major G. Tochman — 

My Dear Sir: 1 have looked at the two wills ; the first dated 
4th June, 1816, begins as follows : 

Copie collationee du Testament Olographe 

de 

Thadee Kosciusko, 

" ,Je soussignt! Thadee Kosciusko demeurant a Berville, Com- 
" mune de la Genevrarge Department de Seine et Marne, etant 
" actuelleraent a Soleure en Suisse." 

1 have copied from the other, the 2d clause, the one about 
which they make a controversy : ■ 

'^2. Je legue tons raes efFets, ma voiture et mon eheval y 
" comprise a Madame et a Monsieur Zavier Zettner le nome ci- 
"dessus." 

1 have to-day seen Mr. Coxe. He has not yet heard from Mr. 
Schell on the subject of the Commissioners, whose names he sent 
him some time since, as I wrote to you. We both hoped you had 
met and agreed upon the names. The Judge of the Orphan's 
Court still holds under a curia ad: my motion for further security 
to be given by Col, Boraford.* Our Court will meet on the 3d 
Monday of October next : in the meantime I hope to have the 
Commissions issued by consent. 

I am, very faithfully, &c., 

JOSEPH H, BRADLEY. 

August 24, 1846. 

NO. 28. 

Baltimore, Oct. 29, 1847. 

My Dear Sir : As I wrote yon last evening, and to-day, my 
professional engagements here, make it impossible for rae to unite 
you in Washington, this week. 

* The petiti9n for further security was filed wHen I came to Washington, 
in September 1846. It was drawn by Mr. Bradley at my request, and signed 
by him, Mr. Fendall, and myself. G. T. 



61 

My opinion is, that in the case in the Circuit Court, of Arm- 
strong against Bomford and others, that Court will not refuse an 
amendment of the bill of review. The mistake in that bill, (should 
it indeed be one) was in not averring that the existence of the 
will of the 4th of June 1816, was not known to the heirs oi Ge- 
neral Kosciusko, until the original decision was rendered. The 
bill was filed, J presume, under the act of Maryland, of 1795, ch. 
83, and until the decision of our Court of Appeals in 1841, in the 
case of Pinkney vs. Jay, and al 12 Gill ^ Johnson, 69, it was 
supposed by the profession generally with us, that it was not ne- 
cessary under that act, to adopt the form of bills of review, as 
known to the general practice in equity. Counsel, then, might 
well fall into the error, which i suppose, was alone the ground 
upon which the Circuit Court ruled the demurrer, good. Under 
such circumstances, I ieel persuaded, that that enlarged equity 
which ever characterizes Courts of Equity in the exercise of their 
discretionary powers, would induce the Court to suffer such 
an amendment as is necessary to the justice of the case. At 
least, they wilTnot decide otherwise, I am satisfied, without hear- 
ing an argument upon the question, and that they will, if they pos- 
sibly can, give me a reasonable time to take a part in it at some 
future day. 

I would certainly be able to do this, during the first week of 
the session of Congress, and I believe, the Term of the Court 
will continue beyond that time. It is possible I might get to 
Washington at an earlier day, but as I am not sure of it, I am 
unwilling to say that I will. Do me the favor to make my situa- 
tion known to the Court, as also my wish to be heard upon the 
question. 

With regard, your obedient servant, 

REVERDY JOHNSON. 
Major Tochman, Washington, D* C. 

P. S. You wilt, of course, have my appearance entered in the 
case with yours, for the parties we represent. R. J. 



NO 29 

To the Honorable the Judges of the Circuit Court for the 
District of Columbia. 

The supplemental and amended Bill of Review ofRomanus 
Estko, Louisa Narbuit, born Estko, Hippolitus Estko, John Zol- 
kowski, Hippolitus Wankowicz and others, next of kin, of Gen. 
Thadeus Kosciusko deceased — all residing in Poland and Lithu- 
nia under the government of Russia, respectfully show to your 
Honors : 

That sometime in the year, 1823, a certain John Armstrong filed 
in this Honorable Court a bill against Benjamin L. Lear, then ad- 
ministrator of said Thadeus Kosciusko's estate, with the will of 
1798 annexed, alleging therein, that said Thadeus Kosciusko on 
the 28 day of June, 1806, at Paris, in France, signed and sealed 
in the presence of two competent witnesses, and there acknowl- 
edged before a certain Fulwar Shipwith, commercial agent and 



62 

agent for prize causes of these United States, and delivered to 
him, said Jolin Armstrong, a certain paper writing, which he, (said 
Armstrong,) in his said bill, avered to be the last will or testament 
of said Tliadeus Kosciusko : praying for a discovery of the 
funds of the estate of said Thadeus K'>seiusko, being then in the 
hands and under the direction of said Benjamin L Lear, admin- 
istrator as aforesaid, — •uid for the payment out of th>se funds of 
a sum of ^3704, with interest, claimed by him, said John Aim- 
strong, as a legacy, said to have been mide by said '"'hadeus 
Kosciutfko, to Kosciu.^ko Armstrong, then minor, son of said John 
Armstrong, and directed to be paid over to him. Kosciusko Arm- 
strong, out of the funds which said Tliadeus Kosciusko left in the 
hands of tlie late Thomas Jefferson, in 179S, which was at the 
time of the filing of said bill in the hands and under the directiort 
of Benjamin L. Lear, administrator of Kosciusko's estate asaforei? 
said. 

They further show, that this Honorable Court dismissed said 
bill of said John Armstrong; that said John Armstrong appealed 
from the decree of this Honorable Court; and that the Supreme 
Court of the Uniied States, in January Term 1827, reversed said 
decree without prejudiced and remanded the cause to this Honor- 
able Court, [U Wheaton's Rep. 169, and 6 Peter's Con. Rep. 500.] 

They further show, th^t said Kosciusko Armstrong having at- 
tained full age, sometime in the year, 1829, filed another bill in this 
Honorable Court, in his own name, to reover said legacy, $3704, 
&c.; that this Honorable Court dismissed his said bill again; 
that he appealed again; and that the Supreme Court of the 
United States for causes stated in their opini m, reversed again the 
decree of this Honorable Court, and remanded the cause to this 
Court for reconsideration, giving leave to said Kosciusko Arm* 
strong to amend his bill, [8 Peter's Rep., 52 and Sub. J 

They further show, that in flie last mentioned decree, and in the 
opinion of the Supreme Court, which were given and published, 
in January Term 1834, said Armstrong was directed to make all 
the next of kin of said Thadsus Kosciusko parties defendants ; 
and that said Supreme Court expressed their desire, to have put 
regularly upon record, certain will or wills, to ascertain whether 
they have any bearing upon the merits of this case: meaning 
thereby the will or wills referred to in the answer and exhibits, 
which, said Benjamin L. Lear, administrator of Kosciusko*s estate, 
had filed in this Honorable Court, [8 Peter's Rep, 72, 74. J 

And they further show, that said Armstrong did not comply 
with either of these directions of said Supreme Court. He made 
only some of the next of kin of said Kosciusko, parties to the 
amended bill, to wit : Hippolitus Estko, Romanus Estko, Louisa 
Narbutt, born Estko. None of other persons, named in his said 
amended bill, are next of kin of said Kosciusko; and except Catha- 
rine Estko who is the assignee of a certain portion of the estate — 
none of them has any interest in said estate. The omitted next of 
kin of.«aid Kosciusko, are the following persons; John .Zolkows- 
ki, Helena Zolkowski, Anna Zolkowski, BregidaZolkowski, Caro- 
lina Zolkowski.Ladislaus Wankowicz, and Hippolitus Wankowicz. 
Martina Estko made a party to the amended bill aforesaid, died 
before the year 1843, to wit ; before she was made party to said 



63 

bill. Neither does it appear from said amended bill of said Ann- 
strong, nor from any subsequent proceeding-, that the will or wills 
referred to in the opinion of the Supreme t'ourt, were put, regu- 
larly, upon the record as directed by said Supreme Court. 

The complainanis furdier show, that those of them who were 
made parties to said amended bill, were so made by proclamatitms, 
and had no knowledge of the proceedings; and they further say," 
that they are advised by their ounsel, that these proceedings 
were coram nonjudice : as it appears from the recor.d, that the 
mandate of the Supreme Court of the United States, remanding 
this cause to this honorable court, was filed on the l8th day of 
July, 1545, and the proclamations were granted and issued on the 
26 of March, 1844; and the bill was taken pro confesso on the 
4ih of September, 1844 — more than nine months previous to the 
filing of the mandate remanding this cause to this honorable court. 

They further show and aver, that (although it does appear from 
the record that reference was made to some will or wills in the 
answer and exhibits which said Benjamin L. Lear filed in this 
court as aforesaid, and also, in tfie opinion of the Supreme Court 
theretofore referred to) these complainants had no knowledge 
of the existance of the will referred to in their original bill of 
review, which said will, said Thadeus Kosciusko, made and ex- 
ecuted at Soleure in Switzerland, on the 4th day of June, 1846, 
and by which he revoked all the wills and codicils which he had 
previously made : they learned of its existence from their attor- 
ney and counsel, Gaspard Tochman, who found it out, and made 
use of, to secure the rights of these complainants, about the end 
of the year 1845, which is the time when some of the com- 
plainants retained him as their attorney and counsel.- This 
fact was not avered in the original bill of review, through the in- 
advertanee of the counsel who drew it, in support of which aver- 
ment and of this supplemental and amended bill in general, the 
complainants refer your honors to the affidavit made by said Gas- 
pard Tochman, their attorney and counsel, and filed with the 
motion for leave to file this bill, which they pray may be consi- 
dered as a part of this bill as if it were fully set out herein. (*) 

They further say and aver, that after filing said original bill 
of review, they obtained a duly authenticated examplificntion of 
the record of the will of the 4th of June, 1816, and of the pro-' 
bate of it, from France — where it was proved in proper forum, and 
where the original will is deposited for safe keeping according to 
the law of France: which said examplification of said will and 
of its probate, have been proved and recorded in the Orphan's 
Court for the District of Columbia, pursuant to the Statute ire 
such case made and provided : as it will more fully appear from 
the copy of said record hereto annexed and marked (A,) which 
these complainants pray may be referred to as if it were fully set 
out herein. "f" 

They further say and aver, that independentlv of the will of 



* The avidarit not being materia! to the point at issue belfore Congress 
is not published here. G. T. 

t This exhibit is not published bere,it having oo bearing upon the case be- 
fore Congress. G. T. 



u ^ 



64 

the 4th of June, 1816, revoking all the previous wills and codi- 
cils (and of course revoking also the paper writing of the 28lh of 
June, 1806, purporting to be a will upon which the decrees of 
this honorable court of the 4ih of September, 1844, and of the 
25lh of August, 1845, rest,) sometime in December, 1845, at 
the instance of these complainants and others, the Orphan's Court 
for the District of Columbia, re-opened the probate of said paper 
writing, purporting to be a will of the 28th of June, 1806 as 
aforesaid, and an issue is depending in this honOTable courtat com- 
mon law, to be tfied by the jury, whether said paper writing is 
the last will. 

Upon these grounds, and upon further ground, that some of the 
complainants filed in this honorable Court, an" answer to the 
amended bill of said Armstrong, several months before he de--. 
murred to the bill of review of these complainants, they pray your 
Honors, that the decree allowing the demurrer to the original bill 
of review be rescinded; that the cause may be reheard ; — and 
that the decrees bearing dates of thB 4th of September 1844, and 
of the 25th of August 1845, be reviewed and reversed with costs — 
upon the original, and this supplemental and amended bills of 
review. 

In support of this prayer, the complainants appeal to the sound 
discretion of this honorable Court, and to the enlarged principles 
of eqity — and they pray that sections 333, 338. 339, 883, 886, 
891, of Story's Equity Pleadings — ^and sections 33 and 36, page 
205, 1 Peters' Digest and the authorities cited therein — and also 
sections 5, 30, 31 and 32 of the rules of this honorable Court, 
may be considered. 

One of the next of kin of Thadeus Kosciusko, who recently 
came to this city from Russia, Ladislaus Wankowicz, late cap- 
tain in the Russian army, having changed his counsel, these com- 
plainants pray that he may be made a party defendant to this sup- 
plemental and amended bill of review, in order that your Honors 
may have all interested parties before the Court.* 

They also pray that said Kosciusko Armstrong and Col. George 
Boraford, the present administrator de bonis non of Kotciusko's 
estate, with the will of 1798 annexed, be made parties defendants, 
and that the subpeona be granted and issuetK. 

And they pray for such further and general relief as this honor- 
able Court may deem proper to answer and attain the ends of 
justice. 

(K REVERDY JOHNSON, 
-i» ' GASPARD TOCHMAN, 

Solicitors of Complainants. 
Presented to be filed Nov'r27, 1847. 

^^The motion for leave to file the foregoing bill, has not 
been decided yet. It is continued until March term of 1848. 

G. T. 



* Capt. Wankowicz, is the same gentleman, being and acting under the 
orders of Mr. de Bodisco, to whom reference has been made in the affida- 
vit annexed to the original petition pages, 41, 42, 43, 44. G. T. 



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